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3070 Poppler LaneINSPECTION RECQRD CITY OF EAGAN PERMIT TYPE: N3830 Pilot Knob Road Permit Number: :?•i Eagan, Minnesota 55122-1$97 Date Issued: -,. (612) 681-4675 - SITE ADDRESS: ;HIk} I11)I'f'4 1'41f•111 I fr }irihlF ', ff ( PERMIT SUBTYPE: ? L?t 1 E, ft t t?t !; 1 A PJ i APPLICANT: TYPE OF WORK: -1 ? ? Pertnit No. ParmH Holder Date Telephone • ELECTRIC PLUMBING HVAC Inspsctlon Date Insp. Commente FOOTINGS FOUND FRAMING / ROOFING - H ? w0 4 Ol?w? ROUGH PIUMBING D S Qwn@/' sQ *Q! ?1?? ?iL Wa. PLBG Alfi TEST ROUGH HEATING wS T dV r LX @? GAS SVC TEST - ? INSUL GYP BOARD FIREPLACE FIREPLACE AIR TEST FINAL PLBG FINAL HTG ORSAT TEST • BLDG FINAL S49n O BSMT R.I. 9-0- ` . /ft t BSMT FINAL k J7----1d h~t DECK FTG n ? C Ln DECKFlNAL 4O,k, a SEWER WIVATER PERMIT ClTY OF EAGAN 3830 Pilot Knob Rd. , - Eagan, MN 55122-1897 DATE «N 5. 1991 OFFlCE USE ONLY METER # PERMIT DATE G 7 f 2.4/91 CHIP # PERMIT # 12175 METER SIZE B.P. RECEIPT # --.? + - i ISSUE DATE B.P. RECEIPT DATE 06 O S/ 91 - PRV - BOOSTER PUMP SITE ADDRESS 3 0' ''' `. . L?i LOT " BLOCK SEC/SUB INIpPLER HOMESTEAD APPLICANT: AODRESS:_ CITY, STATE ZIP PHONE: PLUMBER: ? ; -? ; : ?; ; : ; ,;• _hiil c? AODRESS: CfTY, STATE ZtP PHONE: ; ? • ? OWNER: EKBI.M CONSTRUC?1C:7 ADDRESS: 2860 P1L07 t_NOR RD ' CITY, STATE F.AGA?? ? M3 ZIP 55121 PHONE: PERMIT REQUESTED X SEWER COMM/IND X NEW X WATER - TAPS Y RESIDENTIAL EXISTING Lawn Sprinkler Meters are to be Installed Ahead of Domestic Meters on Water Line. Credit WILL NOT be given for Deduct Meters. 1 AGREE TO COMPLY WITH CiTY OF EAGAN ORDINANCES SIGNATURE WHEN METER ISSUED PLEASE ALLOW TWO WORKING DAYS FOR PROCESSING. CALL 454-5220 FOR INSPECTIONS. FOR STORM SEWER PERMITS, CONTACT ENGINEERING DEPT. ? DATE: JUL 24+ 1991 '? -` 3070 POpPLF?it LN (EKBLAD RE! CONSTRUCTION/CONTRAC?ING) ? x Y&r Sewer & Water Permit for the above property has been completed. It wilf be held at the Public Works Garage (3501 Coachman Road) until the meter is picked up. BE SURE TO CALL PUBLIC WORKS (454-5220) FOR YOUR PERMANENT WATER TURN ON. Your Sewer & Water Permit for the above property cannot be completed for the following reasons: Your Sewer & Water Permit for the above property has been completed, but the meter cannot be issued or occupancy allowed until further notice. COMMERCIAL PROJECTS ONLY: Please pay for meter at City Hall. Meter size must be confirmed by Biil Adams or Dirk House (Plumbing Inspectors - 454-8100) before issuance. WARNING: BEFORE DIGGING, CALL LOCAL UTILITIES - TELEPHONE, ELECTRIC, GAS, ETC. - REQUIRED BY LAW. CONTACT COMMUNITY DEVELOPMENT DEPARTMENT FOR WATER TURN ON POLICY. Secretary, Building Inspections Dept. CASH RECEIPT CITY OF EAGAN ; 3830 PILOT KNOB RQAD EAGAN, MINNESOTA 55122 DATE aECErveo FHOM \ AMOUNT 1 O CASH 8 DOIIARS ,oo CHECK \ '1L lVOL?- 1'?' C 13791 YYhite--Pa!"ws CoDY rq.'? VeNOVr-POStitp Cppy Pink-FNe Copy Thank You BY SEWER 8i Wd7ER PERMIT CITY OF EAGAN 3830 Pibt Kn6b Rd. Eagan,,,AAN 55122-1897 DATE '?IN, 5_ 1991 CE USE ONLY METER # `?/5? ?7 PERMIT DATE L 7/24/ 41 CHIP # 7? 5 y? PERMff # 79 17 5 METER SIZE ???? S?'S B,P. RECEIPT #E 'L" ;? .; 4_J ISSUE DATE 'S-23^21B.P. RECEIPT DATE 061 CV9] - PRV - BOOSTER PUMP SITE ADDRESS 30ic :.N LOT ' BLOCK 00 SEC/SUB )PpLFi< +?:jMESTEr•.U APPLICANT: ADDRESS:_ CITY, STATE ZIP PHONE: PLUMBER:,' /rr ? ?!' ?Irirr???/J ADDRESS: / ;2 1 / zE7,047/t (.v o a4 v?e_ .? CITY, STATE --_'z T ,A;, cl/ /y")ZIP P1i0NE: ':?ss n -- ::, 7 5_-7 OWNER: FKBL,AD C414STR:SC'T10N / ce,1c.7-A?,4l71IVL ADDRESS: 2::60 n11A: KhOB RI> CIIY, STATE ZIP ? 512t PHONE: PERIIAIT REQUESTED x SEWER x WATER _ TAPS COMM/INO h RESIDENTIAL x NEW EXISTING Lawn Sprinkler Meters are to be Installed Ahead of Domestic Meters on Water Line. Credit WILL NOT be given for Deduct Meters. 1 AGREE TO COMPLY WITH CITY OF EAGAN ORDINANCES l? S NATURE WHEN METER ISSUED PLEASE ALLOW TWO WORKING DAYS FOR PROCESSING. CALL 4545220 FOR INSPECTIONS. FOR STORIIA SEWER PERMIT'S, CONTACT ENLi1NEERING DEPT. - ,- . CITY OF EAGAN Remarks AdditiOn„ Pop..plers Hamestead Lot 6 Blk 1 Parcel •!58400 069M i., owner-?-0 r_,, .+ L:_? ???; •,,. ` street 3070 Poppler Lane state Eagan,MN 55121 Improvement Date Amount Annual Years Payment Receipt Date STREET SURF. STREET RESTOR. GRADING SAN SEW TRUNK 1970 125.00 25 P2id SEWER LATERAL 20 Pa:LCl WATERMAIN WATER LATERAL 1972 20 WATER AREA , pp .J STORM 5EW TRK STORM SEW LAT CURB & GUTTER SIDEWALK STREET LIGHT WATER CONN. BUILDING PER. SAC PARK CITY OF EAGAN 3830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 55121 ? PHONE: 454-8100 BUILDING PERMIT Aeceipt # To be used for DSTACHLD G/1RAGE Est. Value $15+OM Date-----jL Site Address 'If& POppI-Eg [.ANE Lot 6_ Block 00 Sec/Sub. PO!lLLR 1!0lUTEi Parcel No. _ W Name ?1?"?fw6L Cubi.??u/!lMT?.f? 3 Address 3055 BAG/1NDALL PL ° City EAGAN Phone 687-9831 , o Name gX?D ?'??i? ?4 Address 2860 P1LO'i KW)b RD ? City EAGAN Phone 454-3113 • :?? 193'73 U? ?y W Name W Address a W Ciry Phone I hereby acknowlege that I have read this application and state that the information is correct and agree to compty with all applicable State of Minnesota Statutes and Cily a! Eagan-Ordinance?. Sgnature of Permitee !? A Bui?ding Permit is issued to: 6??D CMRACT1NG on the express condition that all work shall be done in accordance with all applicabie State ot Minnesota Statutes and City of Eagan Ordinances. BuildingOfficial ?e 1s 9f OFFICE USE ONLY Occupancy - FEES Zoning _ (AcWal) Const _ BIdg.Permil i162.00 (Albwable) - 7.50 # ot stories - SurchaEge length J}Q_ Plan Review 105.00 DePth SAC, City S.F. Total SAC, MCWCC S.F. FooCprints On Site Sewage _ Water Conn On Sile Well - Water Meter MWCC System _ City Water _ AccL Deposit PRV Required _ S/W Permit 8ooster Pump - S/yy Surcharge Treafinent PI APPROVALS Road Unit Planner Council - Park Ded. BIdg.Otl. _ Copies $274.50 Variance - TOTAL ?- Permit No. Permk Nolder Uate Telephone # NWTER SbMEF PLUMBING H.V.A.C. ELECTHIC Mspection Date Insp. Comments Footings I Foundation . Framing G L ! ? ? . Roofing C"!? ?'? eh! Rough Pibg. Rough Htg. Isul. Fireplace Final Htg. orscat Test Final Plbg. Plbg. Inspeclor - Notity Plumber Const. Meter EngrJPlan Btdg. Final ru - ? Dedc Ftg. Dedc Final Well •Pr. Disp. ^wtA - ,. , ' . , ?f•. , . ',:J . . . , ,} • ? ?, * ,. ---s?-, .., - - •g;- ? ' - ?-? `y? ? ir r ? S C ? ,?? '?C.?/,t C •'? ? 1 <o ? ? / SHOR7 ELLIO17 HENDRICKSON INC. ?5EN 0 CITY OF EAGAN Np .19172 BUILDING PERMIT 3830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 557? f I / z I ? ) PHONE: 454-8100 Receipt # ?•? Tobeusedfor SF DWG/GAR Est.Value $142,000 Date .)UN 5 , 1991 Site Address 3070 POPPLER LN Lot 6 Block 00 SeclSubPOPPLER HOMESTEAI Parcel No. w Name EKBLAD CONSTRUCTION/?onrl2lfC7?r?e 0 Address 2860 PILOT KNOB RD City EAGAN Phone 454-3113 & Name SAME 8 0 : Address ? City Phone ? W Name ? ; Address <W City Phone I hereby acknowle9e that I have read this applicalion and slate that ihe information is correct and agree lo comply wilh all applicable Slate of Minnesota Statutes and City of Ea an r i nc s. Si9nature of Permitee L A euilding Permit is issued to: EKBLAD CONSTRUCI ON on [he ezpress contlition that all vrork shall be done in accrortlance with all applicable State of Minnesota Statules and Ci1y of Eagan Ordinances. Building OHicial OFFICE USE ONLV occupancy R-3 M-1 FEES Zoning R-1 (Actual)COnSt V-N BIdg.Parmit 787-0 n (Allowahle) V-N Surcharge 71.00 ? of Slories 72' PlanReview $11.00 Length Oepth 59 ? SAq City 0 100.0 S.F. Tolal - SAC, MCWCC 650.00 S.F. Foolprinis _ On Site Sewage _ Water Conn 660.00 On Site Well Water Meter 95.0 0 MWCC System x City Waler X Acd.Deposit 30.0 n PRVRequired _ S/VJPermit 30-00 eoosler Pump - SAN Surcharga - 50 7reatment PI 276.0 0 APPROVALS RoadUnit 370.00 Planner - park Ded. Council BIdg.ON, _ Copies Variance - TOTAL 3,580.5 ? . . .. . f . ? . . .. ,. ,?.. ? ? ? ??? ???1 ? ? ? ? ? G? ?i? ? - CITY OF EAGAN No _ 1y 1$3 3830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 55121 ? PHONE: 454-8100 BUILDING PERMIT To be used for DETACHED GARAGE Est. Value $15, 000 Site Address - Lot 6 Block Parcel No. w Name MICHAEL EKBLAD/MARY?R 3 Address 3055 EAGANDAI.E PL ? City EAGAN Phone 687-9831 o Name EKBLAD CONTRACTING ga Address 2860 PILOT KNOB RD a 1- Ciry EAGAN Phone 454-3113 Name _ Address Phone I hereby acknowlege thal I have read Ihis application and state that Ihe Information is conect and agree to comply with all ap licable State of Minnesota Statutes a Ci a?j Q?N i? ?!ce SignaWre of Permitee?---!/j??S !!'L A Builtling Permit is issued to: EKBLAD CONTRACTING on ihe ezpress condition thal all work shall be done in accordance with all applicable State of Minn ola Statutes and City?agan,0 inances. Building Oflicial -` ?E- ?7-?? , SeGSub. POPPI.ER HOMESTE, OccupanCy Zoning (Actuaq Const (Allowable) x ol Slories Lergih Deplh S.f. Total S.F. Foolprinls On Sile Sewage On Sile Well MWCC System Ciry Water PRV Required Baoslar Pump APPROVALS Planner Council BIdg.011. ariance Receipt # 1cil 60 ? Date JIINE 5 1g 91 OFFICE USE ONLY -liQ_ 33- -990 -9e Bidg. Permil Surcharge Plan Review SAQ Ciry SAC,MCWCC Water Conn Water Meter Acct. Deposil S/W Pertnit S/W Sumharge 7reatment PI Roatl Unit Perk Dad. Copies TOTAL FEES $162.00 7.50 tnc nn *274.50 ?8 /4aG?0 1971 ?, JaB- • Requesl DaIg Fire No. Rougp-in Ins n tl' R I ? ReatlY Now KWill Notity Inspector I? / I p No ZZ When FaetlYi I)0 lioensed contractor p owner hereby request inspection of above electrical work at: JoD Atltlress (SireeL Box or Route No.) Ciry 070 aPLftK I;,-A6AA1 SecOOn No. Township Name or No. Range No. County .?-}?/j,y? -?1 / j//] /l4 1 OccupaM (PRINT) ^ ,' l'? Phone No. Power Supplier Adtlress ElecVkal Convacror (COmpany Name) '' Con[ractor5 LiGense No. ? ( r e C.£L lL 0 S 04 V Mai6ng Atltlress (Conlraclor or Owner Making Inslallation) s?-iaa r 9,r3 Sh?WAfM d . Authorizetl Sign re (C,nlra<to?10 r Making In3?allati0n) Phone Number ? MINNESOTq STATE BO , ELECTPICITY/ THIS INSPECTION REOUEST WILL NOT Cripga-MlAway B Haom 51]3 BE ACCEPTED BV THE STATE BOARO 1821 tlhlypmift? Ave., SL Paul, MN 65104 ? UNLE$$ PROPER INSPECTION FEE IS Plq P)663-0800 14 ? ?? ENCLOSED. 8'9 /?/ REQUEST FOR ELECTRICAL INSPECTION / 7 P. See instructions for cempletinq this form on beck oi yellow mpy. ?71?q•;j 1 X" Below WorkCovered by This Request ee.ooom-oe ?,,. . e Add Rep. Type of Building AppliancesWiretl EquipmeniWired Home Ranqe Temporary Service • Duplex Water Heater Electric Heatin9 ApL Building Dryer Other (Specify) Comm./Industiial ' Furnace Farm Air Conditioner Olher(specity) COntrador9 Remarks: Compute Inspection Fee Below: # Olher Fee # ServiceEniranceSiie Fae # Circuits/Feeders Fee Swimming Pool 0 to 200 Amps 130 10 to 100 Amps / 7ransformers Above 200 Amps ve 100 Amps siyns mwecrors use, ohy: ?? ? T r° Irrigation Booms l 16 3 Special Inspection Alarm/Communication THIS INSTALLATION MAY DER DI COiNNECTED IF NOT Other Fee COMPLETED WITHIN 78 ? S. I, the Electrical Inspector, hereby Rough-In u 't certify that the above inspection has been made. Final oete e?l'7' Y OFFICE USE ONLY - ' low This request voiA 18 monMS Irom 5z a 719 4 2 z&bM # ?U ,,eo? °° ReQUest Date - . Fn N, Rough-in Inspeclion Requiretl? ?Featly Now ? Will Notity InspBdor /? ? Ves N. When Reedy'! I tN licensed contractor ? owner hereby request inspection of above eledrical work at: Job Atltlress (Slreel, Box or Route No.1 City 070 oP R SecliodNO. Township Name or No. Ranga No. Caunly Occupant(PRINT) Phone No. PowerSUppTiar J*K" 1c AtltlrBSs 51?ia .2.20 <5;c: cv. FANIMPA) Eledrical ConVac?or ?GOmOany Na/me) , Contractor5 License No. D ? G.. G/rW I? ,,- D T Mailing AdOress (Contraclor or Owner Making Installation) ?IS-3 Aut ' nalure ct na -ng Nslallation) Phone Number a- Qf 0 MINNESOTA STATE BOANO OF??'T HiqO THIS INSPECTION REOUEST WILL NOT Gtlgga-Mitlway BIO m0?S1]3 L 9E ACCEPTED BY THE STATE BOARO 1821 Unlver e.. 51. iaul, MN 55100 UNLESS PROPER INSPECTION FEE IS Pho 662-0B00 ENCLOSEO. REQUEST FOR ELECTRICAL INSPECTION lli? Sae inslmctions lor rompleting this form on back ot yellow copy. H 71,942 "X" Below Work Covered by This Request ioi?? s? ? ew Add P. p. Typeof8uiltling-' AppliancasWired EquipmentWiretl Home Range 101 Temporary Service Duplex Water Heater Electric Heating Apt Building Dryer OMer (Specify) Comm./Industrial ' FUmace Farm Air Conditioner ? Olher (spxAy) Contacmrg Remarks: Compute Inspection Fee Below: # Other Fee # ServiceErnranceSize - Fee # Cirouits/Feedere Fee Swimming Pool 0 to 200 Amps 0 to 100 Amps T[an5lormers P.bove 200 _ Amps Above 700 _ Amps Slgns Inspecmr§ Use Onry: h TOTAL ? Irri9ation Booms Special Inspection ? Alarm/Communication THIS INSTALLATION MAY BE ORDERED DISCONNECTED IF NOT Other Fee COMPLETED WITHIN 18 MONTHS. I, the Electrical Inspector, hereby R°Wn-in oeta certify that the above inspection has been made. F;nai oa ? OFFlCE USE ONLV This request voitl 18 monMS imm RESIDENTIAL BUILDING PERMIT APPLICATION CITY OF EAGAN 3830 PILOT KNOB RD, EACAN MN 55122 ? yo 651-681-4675 1 ? v NewConaWCtion Reauirements • 3 registered site surveys showing sq. ft. of lot, sq. fl. of house; aM all raofed areas (200h maximum lot coverege allowed) • 2 copies of plan showing beam 8 wiMow sizes; poured found design, efc.) • 1 set o( Energy CalaAations • 3 copies of Tree Preservation Plan if lot platted after 717193 . RimJoistDetail plionsselectionsheet(Wdgsvrifh3orfessuniGa) DATE liq 10.), SITE ADDRES TYPE OF WO APPLICANT ^ Water Softener ` Water Heater No. of Baths STREETADDRESS I\tUd . CITY S•SkR+..I STATEfiijZIP SSfal TELEPHONE # ?i` CELL PHONE # FAX # bsl - q53-9q06 PROPERTYOWNER k1C,haZl F "(bIaU1 TELEPHONE# ?a2D COMPLETE FOR "NEW" RESIDENTIAL BUILDINGS ONLY Energy Code Category _ MINNESOTA RULES 7670 CATEGORY 1 MINNESOTA RUI.ES 7672 0 submission type) • Residential Ventilation Category 1 Worksheet Submitted • New Energy Code Worksheet Submitted . Energy Envelope Calculations Submitted Plumbing Contractor: Plumbing system includes: Mechanical Contractor. Mechanical system includes: Sewer/Water Contractor: Phone # Tee: $90.00 Fee: $70A0 I hereby acknowledge that I have read this application, state that the information is correct, and agree to comply with all applicable State of Minnesota Statutes and City of Eagan Ord' Signature of Applicanf ?. AUG 1 9 200 ------------------------------------- ----------------- --------------- ----------------- -------- --------- --- ---------- .... OFFICE U5E ONLY Certificates of Survey Received _ Tree Preservation Plan Received _ Not Reqyuired _ Updated 4/02 RemodellReoairRaouiremeMs J24J- . 2 copies ot plan dJ? • 1 set of Enertgy Calculations for heated additions • 1 slte survey for exterior additions & decks . Indicate d home served by septic system for additans VALUATION 1??, ? 1ULTI-FAMILY BLDG _Y A/N FIREPLACE(S) _ 0 _ 1 _ 2 Phone # _ Lawn Sprinkler No. of R.I. Baths Phone # , Air Conditionuig - Heat Rccovcry System OFFICE USE ONLY .-....,, a ? 01 Foundation ? 07 05-plex ? 13 16-plex O 20 Pool ? 30 Accessory Bldg ? 02 SF Dwelling ? 08 06-plex ? 16 Fireplace ? 21 Porch (3-sea.) ? 31 Ext. Alt - Multi ? 03 Ot of _ plex ? 09 07-plex ? 17 Garage ? 22 Porch/Addn. (4-sea.) ? 33 Ext. Alt - SF ? 04 02-plex ? 10 08-plex fA 18 Deck ? 23 Porch(screened) ? 36 Multi ? 05 03-plex ? 11 10-plex ? 19 Lower Level ? 24 Storm Damage 0 06 04-plex ? 12 12•plex Plbg_Y or _ N ? 25 Miscellaneous 'A 31 New ? 35 Int Improvement ? 38 Demolish (Interior) ? 44 Siding O 32 Addition ? 36 Move Bldg. ? 42 Demolish (Foundation) ? 45 Fire Repair ? 33 Alteration ? 37 Demolish (Bldg)' ? 43 Reroof ? 46 Windows/Doors ? 34 Replacement *Demolition (Entire Bldg only) • Give PCA handout to applicant Valuation Occupancy Q-,-2) MC/ES System Census Code y q Zoning City Water SAC Units Stories Booster Pump Nbr. of Units Sq. Ft. PRV Nbr. of Bldgs Length Fire Sprinklered Type of Const ? Width REQUIRED INSPECTIONS Footings (new bldg) FinaUC.O. ? Footings (deck) ?05 FinaUNo C.O. _ Footings (addition) _ Plumbing Foundation HVAC Drain Tile Other Roof _ Ice & Water _ Final _ Pool _ Ftgs _ AuJGas Tests _ Fina7 _ Framing _ Siding Stucco Stone _ Fireplace _ R.I. _ Air Test _ Final _ Windows (new/replacement) _ Insulation _ Retaini?nn Wall Approved By I/ K , Building Inspector Base Fee Surcharge Plan Review MC/ES SAC City SAC Water Supply & Storage 5&W Permit & Surcharge Treatment Plant Plumbing Permit Mechanical Permit License Search Copies Other Total ? ? ?? ? SICMA '- . SURVEYING SERVICES INC. 3730 Plol Krob ROOtl Eapan. Mmasoto 55122 .- !e (612)as2•3077 ?POPPL?+ x ANE 4'5 \ A Lot Cartiflcate for: Mr. MICNAgL BKBLAD Eaqan, MN ? Naa•4?'?a"E ,e '# I I?I 1 I /? I 7 ? ?n? / 4 R e N tA • 11 2Ae 32,6 N s...,d..: 1' - bd ? N??e dlJ.• i e .GO 1 ? , ? 0 71.0 M O • ii.e 27.0 p ? ??- x qqO 'T a3o .0- t ? e ?? L?or ? ? ?! •\ ? r... .r"' ?'S'. ? ???l?.+ll.:i 3 ?i•?1.?? ??? ?, t ?, \ .? S 0O N•w e?"; s8ta: ? 'e, ? 1? +, e?' % a^. t10•'' ?? ;.--9- Fd. 3?y I.P . ? 5e.1 ,' 1 (oa.?a E.{ t ?F a. 4J N LI pp- `?t N Te?Fl?f ?W' g4l ? OJ Nb?G 4y( u , „ ? . . R I"IO j ? N a ? \ ?w ` N ? ? t '? M , ? II qkE' ? ? Yl ? ? ? ? _.? ? ., ; .e.?. ..? 0 L... P:? e..Pnpa!fyL:ni TYp) W ? ., ?., « P.e.?. - ?i l:' .{ L-1 i . . . . . .w ?. i S2 b '7:;l,:?? i,,Jrdla 1?LrI' Ma?.t _LEGENO_ PROPOSEOYGARAG£ fLADR EL£VAiION- 899•1 0 Aeroles Irnr Ya?nenl F/bPo5£0 Top o! Bfock ELEVAfIpN- 900.0 ' Lirwles Iloai Ntib Sel PROPOSEO BASEYfNT FLOOR £LEVAIION- 897.e U40 t""y lknolef Exisfirg Spot Elevatian. (?,y9t.7/ (,y?pf?? Preppswf Spef Elsv?fial ? Yeri/y sll /7wr lriphfs w7fh Firol Hd4e Plnts.' _?Genofes Drsinaqe Oireclim ?? ?qtIFICATICM!- - PROPERTY OESCRIPTI01? - , f Mreby cerlily fMt lhis turvey, plart ar rcporl Lot 6, Blotk 1, POPPLER 11011ESiEADS, ras p-epAred by me ol utier my direcf suprrvisim according to the recorded plat thereof; ard fhaf f sm e Cufy Regielered ierd Su-veyor and Outlot F, EAC,ANDALE LEtiAY IAKE 15T vd*r Nr fa.s ol /ele ol Yimra le. ADD[TiON, according to Lhe recorded plat 'I (? I thereof, Dakota County, Minnesota. WQlrt_u+. te: 3OI? k?yrr . CaWt, Yim. Req. No. 14575 RESIDENTIAL BUILDING PERMIT APPLICATION CITY OF EAGAN 3830 PILOT KNOB RD, EAGAN MN 55122 651-681-4675 NewConsWeflon Reauiremend • 3 regislered sile surveys showirg sq. fl. oF lot, sq. tL of Iwuse; and all roofe0 a2as (20% maximum lol coverage allowed) • 2 cropies ot plan slwwing beam & window sizes; poured found design, etc.) • t set of Energy CakWafions • 3 capiw of Tree Preservatiwi Plan if lot platted afler 711/93 • Rim Joist DeWil Opflons selecfion shaet (bldgs wiN 3 or less unifs) ' DATE C? ( b - ? Z SITE ADDRESS '3,?7?0 r'D,pip ?cv' TYPE OF FIREPLACE(5) _ 0 _ t _ 2 APPUCANT PTZ- STREETADDRESS /z?6 30 417 CITY 9vL/.'-i'I- STATE 17'UZIP 5"30 TELEPHONE # 7G3 `3Z3-74ooCELL PHONE # 7,4 3 - Zya"?oz3 f FAX # PROPERTYOWNER i'il? L?1 r4?I ?/G 51?0) TELEPHONE# '6 r) ^G53-C1,39Y COMPLETE FOR "NEW° RESIDENTIAL BUILDINGS ONLY Energy Code Category _ MINNCSOTA RULES 7670 CA1'EGORY 1 MINNESOTA RULES 7672 (J submission type) . Residentlal VentllaUon Calegory 1 Worksheet Submitted • New Energy Code Worksheet Submitted • Energy Envelope Calculatfons Submitted Plumbing Conhactor: _ Plumbing system includes: Mechanical Confractor: Mechanical system includes: Sewer/Water Contractor. _ Air Conditioning Eee:-? . _ Heat Recovery System Phone # !i SEP 1'. 2002 'J ?iffl l I hereby acknowledge that I have read this application, state that the information is with all applicable State of Minnesota Statutes and City of Eagan Ordinances. Signature of Applicant OFFICE USE ONLY LF3 (,.0? RemadeVRewir ReauiremeMa . 2 cropies of plan • 7 set of Energy Calculations for heated additioiu • 7 site survey for extenoradditions &decks • Indicale'rf twme served by septic system for additiore VALUATION '17, Ll? 7? ' '-t? MULTI-FAMILY BLDG _Y )<-N _ Water Softener Water Heaker No. of Baths Phone # Fee: $90.00 Phone # Lawn Sprinkler No. of R.I. Baths Certificates of Survey Received _ Tree Preservation Pian Received _ Not Required _ Updated 4102 OFFICE USE ONLY 0 01 Foundation ? 02 SF Dwelling ? 03 01 of _ plex ? 04 02-plex ? 05 03-plex ? 06 04-plex O 07 05-plex ? 13 16-plex ? OS 06-plex ? 16 Fireplace ? 09 07-plex ? 17 Garage O 10 08-plex ? 18 Deck ? 11 10-plex ? 19 Lower Level ? 12 12-plex Plbg_Y or_ N ? 20 Pool ? 21 Porch (3-sea.) ? 22 Porch/Addn.(4-sea.) ? 23 Porch (screened) ? 24 Stortn Damage ? 25 Miscellaneous ? 30 Accessory Bldg ? 31 Ext. Alt - Muiti ? 33 Ext. Alt - SF ? 36 Multl ? 31 New ? 35 Int Improvement ? 38 Demolish (Interior) ? 44 Siding ? 32 Additlon ? 36 Move Bldg. ? 42 Demolish (Foundation) ? 45 Fire Repair ? 33 Alteration ? 37 Demolish (Bldg)" ? 43 Reroof ? 46 Windows/Doors ? 34 Replacement •Demolition (Entire Bldg only) - Give PCA handout to applicant Valuation Occupancy MC/ES System Census Code Zoning City Water SAC Units Stories Booster Pump Nbr. of Units Sq. Ft. PRV Nbr. of Bldgs Length Fire Sprinklered Type of Const W idth • REQUIRED INSPECTIONS _ Footings (new bldg) _ FinaUC.O. _ Footings(deck) FinaUNo C.O. _ Footings (addirion) _ Plumbing Foundarion HVAC Drain Tile Other RooF _ Ice & Water _ Final _ Pool _ Ftgs _ A'v/Gas Tests _ Final _ Framing _ Siding Stucco Stone _ Fireplace _ R.I. _ Au Test _ Final _ Windows (new/replacement) _ Insulation _ Retaining Wall Approved By ease Fee Surcharge Plan Review MC/ES SAC City SAC Water Supply & Storage S&W Permit & Surcharge Treatment Plant Plumbing Permit Mechanical Permit License Search Copies Other Total Building Inspector ? CASH RECEIPT CITY OF EAGAN 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55122 DATE -- nccervso POM T AMOUNT S ;7 8 DOLV.RS ,m ? CASH *HECN O 7 v I ?,p?t, , ?? - Jr/Q" fUND O&IECT AMOUNT c .37 3 ? G e v ? .?o o a ?l<fE, # yrh n?ia 60 7, . Sv 3 St'n ? 5 Thank You (; 14934 ?d?fty. ? Yeia.-r?wre ?or ? PiM-FBe Capy ? CITY OF EAGAN 3830 PIIAT KNOB ROAD EAGAN, KN 55122 PHONE: (612) 454-8100 ?<:...... a?r?c?:r??? FOR CITY USE ONLY PERMIT RECEIPT # # r I DATE:, a??AE?',{'PLEASE COMPLETE UPPER PORTION ONLY FOR SINGLE FAMILY DWELLINGS & ?.,..<...,:..,, . TOWNHOMES/CONDOS WHEN PERHITS ARE REQIIIRED FOR EACH IINIT. WORK DESCRIPTION NEW CONST ? ADD ON _ REPAIR _ OWNER NAME: /P/!LF/fI£L SITE ADDRESS:'3d7D A'glJ/e1/' ,L do IAT: !?) BLACK 00 SUBD.l7?? INSTALLER: RE??`?J ?"/u???;7?t ADDRESS: 12-I1E,(/C?e u,ooal 19ut ?ITY: s r, Pau-I ZI P: ssid 5? PHONE #: ?0/''- - `7 gg ^ 07, SIGNATURE COMPLETE THE FOLLOWING: N0. FIXTURES EA. TOTAL ADD-ON MINIMUM 15.00 ?. SHOWER 3.00 ?- WATER CLOSET 3.00 tal.GY?7 BATH TUB 3.00 , 0Z) '? LAVATORY 3.00 A LOO I KITCHEN SINK 3.00 _4QL I LAUNDRY TRAY 3.00 3.OID ? HOT TUB/SPA 3.00 ? ? WATER HEATER 3.00 FIAOR DRAIN 3.00 9.y40 GAS PIPING OUT. 3 (MINIMUM - 1) 3.00 ?oD ? ROUGH OPENINGS 1.50 OTHER ? WATER SOFTENER 5.00 ?z?P> PRIVATE DISP. 15.00 U.G. SPRINKLER 3.00 SUBTOTAL S Z'?' S 3T. SURCHARGE .50 TOTAL: S LDS? Jrv C?MMEA??fL??ID;ISTAIAL;': PLEASE COMPLETE THIS PORTION FOR ALL COMMERCIAL/INDUSTRIAL BUILDINGS AND ? MULTI-FAMILY SUILDINGS WHEN SEPARATE PERMITS ARE NOT REQUIRED FOR EACN DWELLING UNIT. CONTRACT PRICE: OWNER NAME: SITE ADDRESS: IAT: BLOCK _ SUBD. INSTALLER: ADDRESS: CITY: ZIP: PHONE #: FOR: CITY OF EAGAN FEES 18 OF CONTRACT FEE. STATE SURCHARGE - $.50 FOR EACH $1,000 OF PERMIT FEE. $25.00 MINIMUM FEE. CONTRACT PRICE x 18 $ STATE SURCHARGE TOTAL: ? '(SIGNATURE) CITY OF EAGAN . , 3830 PIIAT KNOB ROAD EAGAN, MN 55122 PHONE. (612) 454 8100 "Mmcxw"m FOR CITY USE ONLY PERMIT # RECEIPT # DATE: PLEASE COMPLETE IIPPER PORTION ONLY FOR SINGLE FAMILY DWELLZNGS & TOWNHOMES/CONDOS WHEN PERMITS ARE REQUIRED FOR EACH UNIT. WORK DESCRIPTION NEW CONST ? ADD ON REPAIR OWNER NAME: SITE ADDRESS: D : LOT: c_ BIACK OO SUBD INSTALLER: f/• f(J,(/J7(/PZ-? ? r FEES ADDRESS: a A2 Xlaii?2cb' ??/I?? ?!/• CITY: CJd cJ-/ ?? ZIP: ? PHONE #: lu / )4CM 6-e. ? ADD-ON MINIMUM $15.00 HVAC 0-100 M BTU 24.00 ADDITIONAL 50 M BTO 6.00 GAS OUTLETS - MINIMUM 3.00 OF 1 PER PERMIT SUBTOTAL: $ _53 UJ STATE SURCHARGE: .50 TOTAL: $ ;7+ 3 -S v SIGNATURE OF PERMITTEE PLEASE COMPLETE 7'FT7S PORTION FOR ALL COMMERCIAL/INDUSTRIAL BUILDINGS, APARTMENT BUILDINGS, P..ND MQLTI-FAMSLY BUILDINGS WHEN SEPARATE PERMITS ARE NOT REQUIRED FOR EACH DWELLING UNIT. CONTRACT PRICE: OWNER NAME: SITE ADDRESS: LOT: 3LOCK cUBD- INSTALLER: ADDRESS: CITY: ZIP: PHONE FOR: FEES 18 OF CONTRACT FEE. STATE SURCHARGE - $.50 FOR EACH $1,000 OF PERMIT FEE. PROCESSED PIPING = $25.00 $25.00 M7NIMUM FEE. CONTRACT PRICE x 18 STATE SURCHARGE TOTAL: $ $ (SIGNATURE) CITY OF EAGAN ?? • ? POfID ING EASEMENT c THIS INOENTUP.E, made aqd entered into this 21 day of October 0 1969 , by and between Lawrence G. and urelia M. Poppler, husband and wife as Grantirs, and Eagan Township, Dakota County, Minnesota, as Grantee, 4 WITTIESSETH WHLREAS, said Grantor9 Ware the owners of the tracts of land in the Town of Eagan, Dakota CounCy, Minnesota legally described as followe: ,-- (?Lot 6, Block-l and"-OuElot_A, Poppler'a-N?+++Pqtead,'all in Section 10, Township 27N, Range 23W. NOW THEREFORE,. the said Grantors , in consideration of One Dollar ($1,00) and other good and valuable consideration to th ?m paid by Grantee, receipt whereof is hereby acknowledged hereby grants an easement to the above premises to said Grantee, its heira and assigns, for permenent lake and ponding purposes including the normal practice of filling with water the above deacribed premises from etorm sewer runoff and to maintain an outlet atructure which has a crest elevation of 875 feet above mean Sea Level. Datum of 1929 and a high water level of up to 878 feet for short periods of Yime. And the said Grantorg , for them 9epes ? their heirs, executors, administrators and assigns do_ hereby release the 'said Town of Eagan, its euccessors and assigns, frorn all claims for any and all dam- ages resulting to the lands through and across which the parcel of land hereby conveyed is located by reason of the location of said lake or ponding area. It ia expressly uaderstood that the Grantee, its successors or assigns shall waive and re}.ease said lands or thaC portion thereof used for permanent lake or ponding purposes from any special assessment on account of any improvement in the Town ot Eagan for such time as eaid lands are used for permanent lalce or poixling purposes, but at such time as such uses or purpoaea are abandond then said lands may again be subject to such apecial assessmettts, IN WITNESS tdHERE0F, the parties hereto have hereunto seC their hands and aeals the day and year first above writCen. In presence of: BOARD OF Town of ? -ISY07?? D(;-ed Y d x /YO 9- ICC' X u irQ?Y STATE OF MINNESOTA)8S? COUNTY OF DAKOTA ) On this 21 to be tht'.- ' .••. Chairuw the Towri of Eagan,'•.arid wh ledged that they ex0cuted . Y. . ? i/iG?-.:?.e,.?r i:?'????.?//??'? • , - %? ? .. cxaNxoP day of October , 1969, 6efore me a Notary within and for said County, personally appeared e Bolke to me known ., Anel Cler of executed the f go ng instrument, Ehe same as t ee act aqo deQ Notary Public, Hente pin Mv c.nmmission exnires Oc 1 1969 POPIDING EASEPIENT TfiIS IAIDENT[7P.E, made and entered into this 21 day of ? October ? 1969 , by and between Lawrence G. and urelia M. Poppler, husband and wife as Granors, and Eagan Township, Dakota County, Minnesota, as Grantee, WITNESSETH WHLREAS, said Grantors iW/are the owners of the tracts of land in the Town of Eagan, Dakota County, Minnesota legally described as followe: Lot 6, Block 1 and Outlot A, Poppler's Homestead, ail in Section 10, Township 27N, Range 23W. NOW THEREFORE,. the said Grantors , in conaideration of One Dollar ($1.00) and other good and valuable consideration to th ?m paid by Grantee, receipt whereof ie hereby acknowledged hereby grants an easement to the above premises to said Grantee, its heira and assigns, for permanent lake and ponding purposes including Che normal practice of filling with water the above described premises from stozm sewer runoff and to maintain an outlet structure which has a cres[ elevation of 875 feet above mean Sea Level, Datum of 1929 and a high water level of up to 878 feet for short periods of time. And the said Grantor s, for them Seyes ? their heirs, executors, administrators and assigns do hereby release the "said Town of Eagaa, its auccessara and assigns, fron zll claims for any and all dam- ages resulting to the lands through and across vhich the parcel of land hereby conveyed is located by reason of the location of said lake or ponding area. It ia expressly understood that the Grantee, ita succzasors or assigns shall waive and release said lands or that portion thereof used for permanent lake or ponding purposea from any special assessment on account of any improvement in the Town of Eagan for such time as aoid?lands are used for permanent lake or ponding purposes, but at such time as auch uaea or purpoaea are abandond then said lands may again be subject to such speciai aesessments, IN WITNESS SdHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. In pr,esence of: BOARD OF ?-- Town of ? ts AttAst; 'Fo)( i ree'f STATE OF MINNESOTA)88. COUNTY OF DAKDTA ) dx- ? ----- i•r ?? ?X ?rrr•..c=,«F ?? 'E?? v ? cxarrroa On this 21 day of October , 109 , before me a Notary Public within and for said County, personally appeared IIo n, ein a yce Bolke to me known to be th8 '' '••. Chaixman and C er of the Town'of Eagan,.and who executed the f go ng instrument, and acknos-i- ledged that they executed the same as t i ee act a de v' Notary Public, Hen3e pfn Co„ Minif. Nrv cnmm;sainn exnires October 9, 1969 CI t Y dF EAGAN 3830 Pilot Knob Road Eagan, Minnesota 55122-1897 (612) 681-4675 SITE ADDRESS: P.I.N.: 10-58400-060-00 PERMIT c2 ??11?I PERMITTYPE: BuiLoiNG Permit Number: 0 2 5 8 8 4 Date Issued: 0 6/ 2 6/ 9 S 3070 POPPLER LANE LOT: 6 BLOCK: pOPPLER HOMESTEAD DESCRIPTION: B'uilding'-Permit Type GARA6E/ACCESSORY $uilding War.k Type NEW ? =e, J REMARKS FEE SUMMARY: VALUATION Base Fee Plan Review Surcharge Total Fee $118.63 $41.52 $4.00 $164.15 $16,000 FEE COLLECTED AT 1J2 AS CALLED FOR IN THE BLDG. CODE. (ORIGTNAL PERMIT #19183) Total Fee $.00 $.00 $.00 $.00 $.00 $.00 $164.15 CONTRACTOR: OWNER: - Appltcant - EKBLAD MICHAEL 3070 POPPLER LANE EAGAN MN (612)683-0290 F- _ I hereby acknowledge that I have read this applicatian and state that "the information is correct and agree to comply w3th all applYcablo SCate of Mn. Statutes and' City of Eagan Ordinances. ? . ? A RM?? -(I95?Y?11\.Q UR?.? ?JV I INSPECTION RECORD CITY OF EAGAN PERMIT TYPE: 3830 Pilot Knob Road Permit Number: Eagan, Minnesota 55122-1897 Date Issued: (612) 681-4675 BUILDING 025884 06/26/95 SITEADDRESS: P•I•N.' 1e-584e0-0e0-ee pppLICANT: LOTs 6 BLOCK: 3070 POPPLER LANE EKBLAD POPPLER HOMES7EAD (612) 683-0290 PERMIT SUBTYPE: TYPE OF WORK: GARAGE/ACCESSORY ? ? MICHAEL NEW 7 J CITY OF EAGAN ?x/?p 3830 PILOT KNOB RD - 55122 ?--- 1995 BUILDING PERMIT APPLICATION (RESIDENTIAL) 681-4675 New Construrlion Reauirements RamodeURecair Reauirements ? 3 regiatered aife aurveys ? 2 copies of plan ? ? 2 wpies oi plans (indude beam 8 window sizes; poured fid. tlesign; etc.) ? 2 ette surveya (exteriw addRions ? ? 7 energy calwlations ? 1 energy calwlatiorre for heated additio s 7 ? 3 capies ot tree preeervation plan if lot platted aftar 711l93 G.+ required:,-y_ No . DATE: CONSTRUCTION COST: DESCRIPTION OF WORK: STREET ADDRESS: 3b?Zn !TO PDL C04 LOT l(e BLOCK ni:2_ SUBD.lP.I.D. #: PROPERTY OWNER CONTRACTOR ARCHITECTf ENGINEER Name: Gk8f-,'f'12 Phone #: ea2SA7.9a ,... Street Add City: State: Company:Q. /.f Street Address: Ciry: State: Company: Name: 2ip: Phone #: License #: Zip: Phone #• Registration #' Street Address• City: State: Zip: Sewer & water licensed plumber: Penalty applies when address change and lot change are requested once pertnit is issued. I hereby acknowledge that I have read this application and state that the information is wRect and agree to comply with alI applicable State of Minnesota Statutes and City of Eagan Ordinances. ?? Signature of Applicant: - OFFICE USE ONLY Certificates of Survey Received _ Yes _ No Tree Preservation Plan Received Yes No OFFICE USE ONLY BUILDING PERMIT TYPE 0 01 Foundation o 06 Duplex a 02 SF Dwelling ? 07 4-plex 0 03 SF Addition o 08 8-plex ? 04 SF Porch ? 09 12-plex 0 05 SF Misc. 0 10 _ plex WORK TYPE ?? 31 New ? 33 Alterations ci 32 Addition ? 34 Repair GENERAL INFORMATION Const. (Actual) (Allowable) UBC Occupancy Zoning tF of Stories Length Depth APPROVALS Planning ? 11 Apt./Lodging o ? 12 Mufti RepaiNRem. ? b- 13 Garage/Accessory ? 0 14 Fireplace o ? 15 Deck 0 36 Move 0 37 Demolition Basement sq. ft. Main level sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. Footprint sq. ft. Building Engineering Variance 3 "t P i- / Permit Fee Valuation: $ Surcharge Plan Review License MC/WS 5AC ' Cky SAC Water Conn. Water Meter ' . ? Acct. Deposit S/W PermR ? S/W Surcharge • ? ? TreatmeM PI. -S" -yi sZ Road Unit ? ? Park Ded. , . ( , y Trails Ded. Ot1'tBf Copies _ Total: 16V15 ? 3v1i % SAC SAC Units . , ? , .,,!? .-. ?'i /? i •? ( 16 Basement Finish 17 Swim Pool 20 Public Facility 21 Miscellaneous MCNVS System City Water Fire Sprinklered PRV Booster Pump Census Code. SAC Code Census Bldg Census Unit 14 kil 1991 BUILDING PERMIT APPLICATION CITY OF EAGAN SINGLE FAMILY D5IELLINGS MULTIPLE DWELLINGS ? COMMERCIAL 2 SETS OF PLANS 2 SETS OF PLANS 2 SETS OF ARCHITECTURAL 3 REGISTERED SITE SURVEYS REGISTERED SITE SURVEYS - & STRUCTURAL PLAI.S 1 SET OF ENERGY CALCULATIONS (CHECK WITH BLDG. DEPT.) 1 SET OF SPECIFICATIONS 1 SET OF ENERGY CALCULATIONS 1 SET OF ENERGY CALCS # OF RENTAL UNITS # OF FOR SALE UNITS PENALTY APPLIES WHEN: TYPING OF P ERMIT IS REQUESTED, BUT NOT PICKED UP BY IAST WORKING DAY OF MONTH IN WHICH REQUEST IS MADE. LOT CHANGE IS REQUESTED ONCE PERMIT IS ISSUED. NOTE: ADDRESSES FOR CORNER LOTS - CONTRACTOR/HOMEOWNER MUST DESIRED. NO CHANGES WILL BE ALLOWED ONCE BUILDING PE; PROCESSING TIME FOR SEWER & WATER YERMITS IS TWO DAYS PERMIT MUST SHOW A LICENSED PLUMBER. A llfK-NED ('rA/:hfr?N? To Be Used For: i/y P?Valuation: ??? D yr Site Address A?%°laj' ?K-?- ? r42,? 00D? Lot (p Block Parcel/Sub /DO?Liw /'/?-UF444cS Owner R Address -?'ds5 City/2ip Code ?,¢Ioqzt/ d`?yL 55??? Phone 4697'108:?l Contractor Address 240 1?yub'-5 'e2 City/Zip Code Phone Arch./Engr. Address City/Zip Code Phone # Occupancy Zoning Actual Const Allowable # of stories Length Depth S.F. Total Footprint S.F. CE A PERMIT HAS M,qY ,- 01991 R-3 M-/ R-I V- N v-N 7Z' SS'/z On site sewage_ On site well _ MWCC System ? City water V PRV Booster Pump _ APPROVALS Planner _ Council Bldg. Off. Variance FEES Bldg. Permit Surcharge Plan Review SAC, City SAC, MWCC Water Conn. Water Meter Acct. Deposit S/w Permit S/W Surcharge Treatment P1. Road Unit Park Ded. Trail Ded. Copies IS 78 7. oo rII.OJ ll? vo lOb,Oo o, vo 9S? 3?. o0 vc) 3'70, o0 SUBTOTAL Penalty Lot Change TOTAL ,3 h. An. ?1 O agrees that all wo-tk shall be done in accordance with (Signature of Contractor) all applicable State of Minnesota Statutes and City of Eagan Ordinances. c i x3z ? X 7 /L4 , ., -? I S5 FL .-, . rL ?'»rit;T= 17Cs i?5_?-`7>>4S & A 2nt15- ??'c ? ?5 - ''S ?C>v ! y )c ?26 - 3C,y x ,=Zo _ 7 Z k `-' ( l 13J orZ 1y2, . , . ? _ 13' 7' m ? N r - - - - - - - - a- - - - - - - - - - - - - - i ; 4" BEARING g 4" BEARING ; ?- a i i -i i ? , ? i i i , Z ? , gZ ? , a a ? ? y i i cn p i LU H i i J 1 (n ? I ? Q ? i ? a U ? W pC ? ¢Z) ? ? 0 ¢ i i ?co I 0 N i I J ? i I = ? I ? co 1 I I 1 I I ? i I ? T ?-------- ---- -- - CONCREfE & STRUCTURAL NOTES All concrete shall have minimum streng[h of 3000 psi at 28 days. Masonry walls shall be reinforced with Dur-O-WaI or equal every 24 in. Bond beams to be filled with 3000 psi concrete and 245 rebars. Prestress supplier shall fumish shop drawings showing lap and bearing details Live load 50 psf (Garage) 12" BLOCK WALLS TYPICAL CERTIFICATION MODEL HOME FLOOR PLAN OgoOD I hereb) caMM lhat Ihis plan specdiceton or reab a?rect n um r m EKBLAD CONTRACTING pqpi y y m,« mW a y was waaa °?""'°" °t tlarnatluyregi&eretlErgincer 2860 pILOT KNOB ROAD DRAWN RSH 6/1/91 ENGINEERING ?naa? ?.,s thee?afeolMinnasda 6 -2. - E,qGAN,MN.55121 sC?E 1/41' coNSrAUCnoncaMVUreas-cao Rog 8 . Heitl Reg No 7707 (612) 454-3113 SHEET SlCMA URVEYING SERVICES INC. ????t Kriob Road Eapan. mrmwto 65122 (612)452-3077 IPOPPL? + x'A? ? ? `Pr ? AN A+?5' ? 4 5 / 1.,?58 Y N p Ter Hu?a dsv.s I ? P-0l 4?4 0 • sa.a v N ? w ??:::?! :?.=•?: /''. ? n ul 8 S "O Z (L -rW4A14EIj.. . N• W El?„? 081?. Lot Cartificate for: Yr. NacaagL exBLan Eaqan, MN ? _. - I 15."I I ? ?yb. x ? 3T.o ? ?G'6 , I I C ? i3 0 ? 9so?'_.?..?NC%9'1e?? I IQa 27.e r 72,0 A q4` O? ? X 890 ? I U . L?o-r 66, `?. t. , / ``-k I? 0 r E ALi -S F? r ? CA" 1 1 ? _LEGEND_ a"i-4 Cerwt fx' i' S f EI tim?? ? a Gtrofea Irm Yarnrnf ° CLMafss Nooi Hib Set ? y e e,. a . se.l /oo.i?. iQt E.i ? I p°`?^ ? C1 a:1 e;y Te? $q?.eo 1 ? (r• .?? N , O? N t ? y?t svt ?,? s•Q , <, ?, ,. ? e+° • e cr i _J _J .e.?. ?? L...?Ptpa a.. Propa?ty L:na TYP) m nyl ? v {p LJ .a ;eo << ^ P.n.?.. y? m s( ? e, r ? ' h I ?H t 1 ti :F4(?IR1EE??II?1 I)EP?' rtaa PHOPoSEOvGARAGE FLOOR fLEVATION- $99•'f PAOP0.SE0 lop oI Block ELEVATlON- 400.0 PROPOSfO BASEUENT FLOOR fL£VATION- 892•0 44o es rs irg po eva 69i•7) erotes Propvsed Spoi Elevafim '?' Veri/y all f7oor Irights rith firol Nause Piarts. U U ?- Otrrwfss Drsinege Direction - PROPERTY DESCRIPTIOtI - Lot 6, Block 1, POPPLER HOMESTEA05, according to the recorded plat thereof; and Ouilot F, EAGANDALE LEFIAY LAKE 15T pDDIT10N, according to the recorded piat thereof, Dakota County, Minnesota. 15(SEYU45 CFAfIFfCATIQY- I Frreby certily !Mt }his survey, plsn a- rcport Mas p^eparad by me or Lrder my dirxf supervrsim xd fhet ! sm e Mly ReQiafsrad LaM Su-vsyor Lrder fhs lnrs ol tafe o/ Yimes fs. fe: g Iayn CaMes, Yim. Rey. No. I4575 .? 4?....... ?l: r • .. ... ., ?...? .,r---i-- i . . CITY OF EAGAN EXTERIOR EHVELOPE AVERAGE IU' COMPUTATION OWNER: SITE ADDRESS: ?;nc,.:?. ??,:- ??-i `._.2.-?:. CONTRACTOR: DATE: PHONE: LIS U -? Determine vorking square footage of each: ? Q1• ? ?' ?9 ? 2? 1. Total exposed wall area sq. ft. x. 11 o(7.?6 p. 2. Total roof/ceiling area ... \'?-03 sq. ft, x .026 Total exposed vall area above floor a, Total wall windou area ............................ I 3?,11? b. Total door area ......... ....................... ? c. Total sliding glass area .......................... n d. Total fireplace aall area ...........•............• GS e. Total wall framing area (average10%) ............• ' f. Total net wall area-above floor ................... ? g. Tota1 rim joist area .............................. i''' Total exposed foundation area ? . h. Total foundation window area ................ ....... ..%. i. Total net foundation area above grade .............. i ? Determine 'U' value of each wall segment: a. x IU' b. x 'U' 'b c . ? x ' U' " d. - x 'Ul ? - t e. x 'U' ((a? = il?`p7 f. I?in-- x 'U' . 0?.=1 - Fu."33- g; IqG,!?: x 'U' 045 = 9 I it h. i." 4`! x OU' 2F - 94 -?G ? i. S zG „L x ' U' o n? 3 . ................................................... Total If item It3 is the same as.or less than item #1, you have met 6006(c)2. Total exposed roof/ceiling area = a- o (,,, ?7.2, S j. Total skylight area ............ :.................. C) k. Total roof/ceiling framing area (average 10%) ..... u_ <°'' 1. Total net.insulated roof/ceiling area .............. {K??p OVER . : ' ' ?• ' o?.. a o-c° Determine 'U' value for each roof/ceiling sepent: ? j. ? x 'U' k. x'U' 00.2/-l _ .?'y9/ 1. I:f3tc.6S?i ° x'U' .Ol?f' = 9}3lw 4 .............. Total _ .173,3 Z . ............ ............. .......... ...... If total of !14 is the same as or less than l12, you have met the te SBC 600b(c)1. Alternate Building Envelope Design To utilize the total envelope system method, the values established by the sum of Items 43 and #4 shall not be greater than the sum of Items #1 and 112. 1. + 2. - 3. + 4. 2 :aride insulation baff3es in every ta°ter space. ?z 4??TEt'?lor_ A??. Flu? ?? . i3 51/-L" lNSULAjtc;a . : ..(q o.o . 16 2 Ft it Rlt'l ',?O1s"[ l;?R -, . 15 ^ . u? rti?is?r?lT?. stolrG : . . AlFL f1LC1 j I?' ... r 11 ull ^ ?oq?? t ?. ft ToTPL (n) ? l VALt lNlcPIO;= AIR f tLM tj c?-?.',?''^e 1NSU?A?[lot? Siz1' f? Oi? ..-?., „ FlLr1 p? 4 ) ;'U'= ToTAL (R) _ ? D +Q C x? ? n U,l _= vAt-UZ i i? S r? ax? J a?.?? {? X CUCSG. 3L1?" 9-5 - U. Zo `? , C Q EX ? E? , A1R FILM - ? CL- •6`? -CaTa? (Cc)= tN ?et7l?t? Floors eve; unheated spaces must have mininum R-factor of K-20 (tucl-under garaoes) Floors ovez outdoor air (overhangs) aust liave a csininum P.-factor op R-33. . WALL, RIM fu\D CO::CRETE BLOCf: ??,y --RooF-? cE1LING I0TU-1o? ' PiS- F??? ? 5rs" W ED. - INSULA??aN ?$" AlR FlL?1 Cp) VAI s?.oo oA 3 -CiLL? - _ozS T6TAL J- 'yti? ? 0 go?? , ? O ? r. , . :60 ? ?s u? . GiLY UY FAGAN fllhIrNi! "U" VALIIE A.\1D F-FaCTOR AT ROOF, . . ; , . . /_?, ?? 47xe? ITPI" city of eagan TO: JON HOHENSTEIN, ASSISTANT TO THE CITY ADMINISTRATOR FROM: MIKE RIDLEY, SENIOR PLANNER DATE: AUGUST 15, 1996 SUBJECT: BACKGROUND - LAWRENCE PaPPLER VS. MICHAEL EKBLAD MEMO In a May 2, 1995 letter to Doug Reid, Larry Poppler expressed concems regarding a building permit for a detached garage on property located??t 3070 Poppler Lane.1\In this letter he discussed numerous items ranging from water run-off from the proposed building and surtounding parking area, commercial use of the building, ingress/egress of commercial earthmoving vehicles to and from the site, excessive storage of excavating equipment on-site, and fill associated with the construction of the house and garage on-site. Based on Mr. Poppler's complaint of a commercial operation on Mr. Ekblad's properry, I sent a letter to Michael Ekblad dated May 10, 1995 outlining permitted home occupations and explained that anything other than those home occupations listed were in violation of the Eagan City Code. On May 23, 1995, I met with Mr. Poppler at his house and discussed the issued raised in his May 2 letter to Doug Reid. Subsequent to that, I met with Mr. & Mrs. Ekblad at the Maintenance Facility and discussed the issues raised in Larry's letter and the commercial use of the property. At that time, Mr. Ekblad assured me that the Vailer stored on his property was for personal use and there would be no commercial operations on his properry unless they conformed to the Home Occupation Ordinance or he received a building permit for work on-site from the City of Eagan. He stated that the bobcat he operates on his site is not a commercial vehicle and is solely for his personal use that includes clearing snow and various site work applications associated with his singie family residence. Jon, if you would like further information or documentation, please let me know. ,//l? Senior Planner MR/js L(r i B00 ( 3 i` *dtV oF eagan PATRICIA E. AWADA Mayor October 12, 1999 PAUL BAKKEN BEA BLOMQUIST PEGGV A. CARLSON L PO ICI MI ? ' PP SANDRA A, MASIN . 5 Council Members 3030 Poppler Lane E3 3R N. SSLZL M g THOMASHEDGES Ci Admin t t e ry is ra or AN OVERBEKE Re: Project 636R, Poppler Lane CityCe L Dear lbh-i-?pl , I am in receipt of your letter dated 9-24-99 again requesting review of your past special assessment relating to the above referenced project. In that letter, you requested that the City provide prooF that you aze the fee owner of the three lots that make up the Poppler Homestead No. 2 Addition. I am unable to provide any information that would ascertain that fact. Nor am I also able to prove that the property owners located on 1310 Lone Oak Rd. and 3070 Poppler Lane are also developers per your request. You also requested a copy of the settlement agreement between the City and Mr. Nooryshokry for Project 663 (Valley View Plateau) as approved at the August 3, 1999 City Council Meeting. Enclosed is a copy of that ageement. As you stated in your letter, at the regulaz Counci] meeting of September 7, 1999, the City Council denied your request to reconsider your past assessments. If there is anything else I can help you with or if you have any questions, please call me at anytime. Sincerely, \\? Thomas L. Hedges City Administrator Enclosure: Ageement C: Thomas A. Colbert, Director of Public Works (w/o enc) MUNICIPAL CENiER 3830 PILOT KNOB ROAD EAGAN, MINNESOTA 55172-1897 PHONE: (651) 6814600 FPJ(:(651)6B1-d612 TDD: (651) 45e1$535 THE LONE OAK TREE THE SVMBOL OF STRENGTH AND GROWM IN OUR COMMUNIN Equal Opporfuni}y Empbyer www.cityofeagan.com MAINTENANCE FACIIIiY 350I COACHMAN POINT EAGAN, MINNESOTA 55122 PHONE: (651) 681-4300 FAX:(651)681-43t0 TDD?(651)454-8535 MEMORANDUM TO: Russ M ys, City Engineer FROM: R rt B. Bauer, Assistant City Attorney DATE: October 7, 1999 RE: Nader and Gity Nooryshokry Our File No. 206-16885 City Project 653 Russ, Enclosed for the Ciry's records, please find an Assessment Defeaal and Settlement Agreement in connection with the above referenced matter. The Agreement is dated July 24, 1999 and was recorded with the Dakota County Recorder on August 23, 1999, as Document No. 1631461. ic: Jerry Wobschall, Consultant -, W ?I ^ a a y W ?V ? ? $ LL . ? ?N M w ?pW K O ?T ¢ N r1 # ? ¢ 0 a : Irt g?W ? ; V V' t?6 W S ? v W ?? _ ¢ W ° ° ? U W Q a Z ? Ct 3 ° W 0 ?J d m Q 0 0l Z(? 7 LL O W W U U ? v ? 1631461 ASSESSMENT DEFERRAL AND SETTLEMENT AGREEMENT This Assessment Defeaal and Settlement Agreement ("AgreemenP') is made this 24 day of J u Lv , 1999, by and between NADER NOORYSHOKRY and GITY NOORYSHOKRY, husband and wife, (hereinafter "Landowners"), and the CITY OF EAGAN, a Minnesota municipal corporation (hereinafter "City") (hereinafter collectively referred to as the "Parties"). WHEREAS, Landowners aze the fee owners of property located in the Ciry of Eagan, County of Dakota, State of Minnesota and legally described as: ? Lot 1, Block I, Joseph A. Spande First Addition, except the East 90 feet thereof. WHEREAS, as part of Public Improvement Project No. 663 (hereinafier the "Project"), the PropeRy w'as assessed, using a three (3) lot equivalent formula, for the following: Imorovement Amount Water Lateral $15,165.93 Service Pairs for Water/Sewer $ 8,190.00 Street and Storm Sewer Tnmk $13.500.00 TOTAL: $36,855.93 (hereinafter the "AssessmenP'); WHEREAS, the Landowners objected to the Assessment and filed a Notice of Appeal of the assessment with the Dakota County District Court captioned Nader Nooryshokry, v. City, of Eagan, (District Court File No. C1-99-8095) (hereinafrer the "Assessment Appeal"); and WHEREAS, the Parties are desirous of resolving the Assessment Appeal upon the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of w•hich are hereby acknowledged. the Parties do hereby agree as follwvs: 1 2. Settlement of Assessment Appeal. The Assessment against the Property is hereb} reduced to the following: " Imnrovement Water Lateral Service Pairs for Water/Sewer Street and Stornt Sewer Trunk 7'OTAL: Assessment Amount (hereinafter thl- "Reduced A?sessment"). $ 9,310.00 $ 8,190.00 13 500.00 $31,000.00 Allocation of Reduced Assessment. The Reduced Assessment against the Property shall be paid as follows: A. Immediate Assessment. The Property shall be immediatel} assessed for the following: Improvement Water Lateral Service Pairs for Water/Sewer Street and Storm Sewer Trunk TOTAL: (hereinafter the "Immediate Assessment"). $ 3,10333 $ 2,730.00 $ 4,500.00 $10,333.33 The Immediate Assessment will be payable over a term of fifteen (] 5) years at six and one-half percent (6%:!a) interest. B. Defened Assersmer.!. The remaining portien of the Reduced Assessment, namely: Irrivrovement Water Lateral Service Pairs for Water/Sewer Sueet and Storm Sewer Trunk TOTAL: $ 6,206.67 $ 5,460.00 9,000.00 $20,666.67 (hereinafter the "Deferred AssessmenY") shall be deferred as set forth below. Assessment Amount Assessment Amount 2 The Deferted Assessment shall be deferred without interest until July 31, 2001, and shall thereafier accrue interest at the rate of six and one-half percent (6 '/z%) per annum. Said deferment shall end if the Property is sold or until December 31, 2011, whichever occurs first. 7ben, the Deferred Assessment shall be payable over a term of five (5) years at six and one half percent interest per annum (6 %z°ro per annum). 3. Waiver. The Landowners liereoy waive their right ?o object or appeal io the Immediate Assessment or the Defecred Assessment, pursuant to Minn. Stat. §429.081 and further waive notice of hearing on this Agreement. 4. Settlement of Assessment Aooeal. The Parties shall execute a Stipulation of Dismissal With Prejudice, dismissing the assessment appeal. 5. Bindine Effect. This Agreement shali be binding upon and inure to the benefic of thz Parties' heirs, successors and assigns and shall run «•ith the land. A By: G P tricia E. Awada ?- Iu: Mayor By: VanOverbeke Iu. lerk STA'fE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this )A day of 1999, by Nader Noorysho ?-? kry and Gity Nooryshokry, husband and wife. ¦ ` IAAR;<D A104LKE :SOTA 7rsy- t`=-': WpTARYPUB!IC?V:"1 ?:`• ,. • r??.?Y. o?.c•T- N :'' Yu61ic si z...: ' .. ...I'A'rh•fJNf . ? . .'-Y.'....: .. .... : STATE OF MINNESOTA) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 7f,Lday of ?ca.t 1999, by Patricia E. Awada and E. J. VanOverbeke, the Mayor and Clerk of the Ci f Eagan, a Minnesota municipal corporation, on behalf of the municipal corporation. JUDY M. JENKINS 6'.. NOTAPYPUBLIC•MINNESOTA My Cpnvression Fgiles Juh 31.2005 ,..,;_...?;c.,::... APPROVED AS TO FORM: ? Nota u u g,J}- /s'-. City Attomey's Office Dated: (CjSIyS APPROVED AS TO CONTENT: ? l.? . Public Works Department Dated: ? 4 THIS INS'fRUMENT WAS DRAFTED BY SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. 7300 West 147th Street, Suite 600 Apple Valley MN 55124 (612) 432-3136 (RBB/kmw #206-16885) Project 663 , ??????\'? ? ? 5 ? TO: Mayor and Council Members FROM: Larry Poppler, Eagan residern DATE: February 9, 1999 SUBJECT: Assessment Policy Issues, Council Workshop, 2-9-99 According to the information provided by the Public Works department, the special assessment policy was inirially adopted in 1978. Court nilings have indicated that modiScarions were needed to the existing fotmal policy to provide CONTIN[JITY and EQUITY OF PROCESS required by law. State Statutes goveming public improvements financed by special assessments narrowly defines the process and sets some specific criteria that must be met: 1) all like pieces of property must be assessed in a similaz manner 2) the assessment cannot exceed the value beneSt accrued by the improvement In 1990 the city reviewed their Special Assessment Policy and Process "to provide closer consistency with State 5tatutes". 1'he following information will provide the council with some input from a citizen that reviewed countless feasibility reports, council meeting minutes, assessment reports and attended special neighborhood meetings just to name a few so?iices. First, why cannot the ciry act absolutely "consistent" rather than doing a job that just comes close? A) Below is an example of changes in methodology t6at make the outcome different in each neighborhood project. Inconsistent APPROACFIES for determining how much a properiy owner pays. Each method can produce a different dollar amount for the property owner. 1) PER LOT EQIVALENT 2) FRONT FOOTAGE 3) DRIVEWAY ACCESS To elaborate on the subjective nature of the approach, let me give you an example: In 1990, Country Home Heights Addition was up for street improvement. At that time the feasibility report used a PER LOT EQUIVALENT as the basis for the assessment. The project was dropped because the cost was objected to by the homeowners. In 1998, that same addition was re-approached and the basis was changed to DRIVEWAY ACCESS method. When one compares the two approaches, it is readily discovered that a small numbe ; of property owners benefited by the change in that method. ONE MAY CONCLUDE THAT INCONSISTENT APPROACHES CAN CAUSE TfE PUBLIC TO BELIEVE THAT CERTAIN INDIVIDUALS ARE GETTING A LARGER SHARE OF CITY FCTNDS. If Public Works has the discretion to choose any method they desire on each simiiar neighborhood project, are they in violation of a State Statute? ? ? ,- CiTY OF EAGAN ` CONSULTANT WORK ORDER REQUEST/AUTHORIZATION FORM (Itevised) 1 9.7 RESPOND BY: Cl'TY REQUEST :koriginal mwe: BiHing??onupondmw Werm«: Caotrmt/Project N 73S ' ? Supplemental (See Original Deted ) Lkacriptim of Work: '? P--?c.:NSr?t4l e?m?,con?ccpe?: ?1.?s? Ma?TNti,s Tc-ASlr3l41T! Q£POIZi Requcgted/InitiatcdDated: IN c?.u?? ?gu,?2?.??.?a ?Ja?? ? ?el« ???«nt ?,a t?oi., AzrnlD 111640NOOXNe01) kEEnNG ?j o orha C?1???.PazE-?"?A/T f?BtfGl?lEARa'A/Cy S K?(C 'NG?'17 '2 3?96 CONSULTANT RESPONSE ;. ... , / Firm: Attuuiac Ti.•rn Projxt Mamw: Company File #: A` E4627A/l.) 9c? c 3 OtherKeylodividalsAssiped/fask: 1. [+F: t-te-ff, l , 17 •• Z.S'h°OF A7LIIE / Ke/L TImCSebWulvCOD1pid106D8tC: Dr4l+ Cefl• ?' 410 ("iri.l 6V0.0 /R??.'Fi?1c•il .4 ALrci.? I q 5Z- A J;? ,u?f,n? aUr;ont cons,tr,wiausiae s«hcw E)WAea: ,A ' •7 /I C M«boa areUq:. ? ?t,abar,& Mecar;.le (s 1Z-0zct? ) a Lump sum ($ IJot To.Exceed Estimate I ? otha Caamnts: ?.? i 7cc r r 02o-?t fi n!e . Su ?v e./ - , .,,-JL .?.. f,•?I ' CITY AUTHORJZATION ! pP?? !/l0 1 Z 98 Ciry Authorized L.imit: Councit Authoriza4a?: Fanploya Dace $ ?2?2?0 ? ??????`?Z Comments; Processing & Distribution List: White • Ciry File Copy Green • Ciry Finance Dept Yellow • Consultant (Final Authoriry) Pink • Consultant (Pending Approvat) Gold • Department Socretary NOTE: Al) invoices must be presentad to the City wilhin 35 deys of incumng chargeable costs to be eligible for payment. All invoices should include billing/corrapardence reference, currrnt charges, total billings to date and City's authorized limit if identified herein ?rs.tl.ancana.cavwse B) NO STANDARD PERCENT FOR CONTINGENCY & INDIItECT COSTS . Listed below is the spread for each category. Corningency percent 5% to 10%0 Indirect Costs percent 25% to 35% A five to ten percent variance would mean a large differential for the assessed property owner over another due to a subjective decision. Again has the city put themselves in a violation category? Listed below are some projects and the comingency and indirect costs percent. Oak Chase 100/o contingency 8c 300/o indirect costs Country Home Hts. 5% contingency & 300/a indirect costs Valley View 100/c contingency &c 35% indirect costs Wescott Hills 100/o contingency & 35% indirect costs C) The question is; HOW CREDIBLE ARE TfE FEASIDILITY REPORTS? Again using the example of Country Home Hts. Neighborhood: In 1990, the feasibility report shows $586,240 for street,curb & storm sewer In 1998, the amended feasibility report shows $641,200 for the same work done. That represents only about 1% increase each year due to inflation. Some other projects that were delayed for a couple of years faced double digit increases. One could explain that certain efficiencies were in place the second time azound, but why wasn't the right and efficient way done in 19907 Also observed from the feasibility reports was items like common excavation showing 10,000 cy had close to the same per unit cost for both years. As an added note when comparing similar amounts in some feasibility reports, (done within the same period) there seems to be different per unit costs. D) McKee Addition example: Some neighborhood projects are done with outside engineering and surveying. The McKee Addition project was one. The ciries reason is that the city engineers and staff need extra help. Enclosed are work orders for the that project. The document authorizes payment for surveying at $19,228 for less than a mile of straight streets which aze already in place. The next document approves payment of $12,200 to do an uncomplicated feasibility report and attend 3 meetings. Now the residents paid over $31,000 or about $300 per resideni for that outside help. Other similaz neighborhoods came in at $2,000 per lot vs $2,500 for the McKee Addition. The important fact is that someone in city hall determines which neighborhood project would use city staff already in place and which pay extra for the outside help. It appears to be a premium also. The configuration of the Feasibility Reports favorable to some neighborhoods could also be in violation of EQUITY OF PROCESS. Why should one neighborhood finance the efficiency of anothes? CiTY OF EAGAN CONSULTANT WORK ORDER REQUEST/AUTHORIZATION FOItM (Revised) RESPOND BY: CITY REQUEST Billiog & Camespoodenoe Refereoce: cowwAftci«x ? 7 3 3 Deacriptiat of Work: SCCeGj?O[J Fbv- a1 rff-a Abb O Original (Dete: ? uPPlementel cs? original Dam primazy Contact Person: FvSS /?' 1/1 -rrWS [teq,ested/[nitiaced Dated: ;W ,q Public Improvemenc Hond (Proj.) O Other w..y,.c..VO....w....._.. - . _ CONSULTANT RESPONSE Firm: Attenuon: 'roM =: So NZW ?ID E Proj? ?w -77;,y S. `l Compeny File k: A- EA GA/? 98 O 3 OthaKeYLdividuelsAssigned/faslc:l. STL?FiT?F-'nd / eA/a2 2. 57V6?IF, GL4-LC.P,7 l 9 P)? Time Sc6edule/CanPktion Date: . Additional CaasulteudOutside Services Expected: Mellwd of Billing: AfLelbor&Mste,;ahcaJ`l, 22$ ? o cump sumca ' Na To Exceed Estiaate Ot6er Comuxnts: /7 B e?h? S ? CITY AUTHORIZATION Approvcd gy: City 'uthorized Limit C il A t}w ' tion: EmPloy« $ Comnunts: Processing & Disuibution List: White • Ciry File Copy Gran • City Finance Depc Yellow • Consultant (Final Authority) Pink • Consultant (Pendmg Approvel) Gold • DePuUnent Secretar7' NOTE: All invoices must bc presented to the City within 35 days of incumng chargeubla costs to be eligible for payment. All invoices should include b7?jng/COCTespondettce roferrnce, curtent charges, totel billings to date nnd City's authorized limit if identified hereia. L??? ? Citizen input for revising the ASSESSMENT POLICY and some suggestions The previous pages 6st some cottcerns and there are more to work on. After some discussion with other cities, it appears that the City of Eagan needs consistent procedures in place to come in compliance with the State Statutes. In many areas, the city is not even as olose as it professes to be. Why would the council allow someone in city hall to choose whatever method it has available to produce a favorable or costly assessment for that particular neighborhood. I have also discovered that cities like Apple Valley experience no reconstruction yet. They do have streets that are about 30 years old. In that city they do regular maintenance and do overlays every 15 years. They "aaticipate the street to last 45 to 50 years" before reconstruction is done, according to Keith Gordon from the eagineering department. It seems that the streets were designed and maintained to last. The overlay effort and maintenance cost come out of the General Fund. In Eagan, some neighborhoods in the recent past and within the last year have ' complained about the poor maintenance program leading to costly reconsuuction. Why is tlvs city doing total reconstrucrion of its streets every 18 or 22 years? I feel that a better maintenance program would extend the wear of the neighborhood streets. This should greatly reduce the contentious problem of premature street reconstruction. TO: Council Members Gity of Eagan 1-5-99 FROM: Larry Poppler , RE: ELECTION AND CAMPAIGN REFORM Last year some of the members of the council wanted to have odd year elections for the City of Eagan. A key REASON given by the limited supporters of the odd year election effort was to provide an opportunity for more citizens to be involved as candidates. If that is a major reason for the odd year effoR, then why is it the the following procedures aze allowed? A) NO LIlvIIT ON SPENDING: During the last election some candidates spent 3 to 5 times more than some other candidates. For example, one mayor candidate did just that and the spending was also out. of line with other surrounding city mayor races. A person would have to be very well known or established to overcome unlimited spending by an opposing candidate. With unlimited spending, how does it fit with wanting more citizens to run as condidates? B) THERE IS NO REQLIIREMENT FOR FULL DISCLOSURE OF SOURCES AND AMOiJNTS: According to state guidelines, a candidate cannot accept more than $300 from any one source. But there is no law requiring disclosure of sources and amounts. The purpose of limiting contributions is to lessen the effect of commitments to candidates once elected. But with no enforcement of disclosures in place, candidates can in reality be &ee to accept any amount from any person or corporation. C) SHARING CAMPAIGN COSTS AMOUNG CANDIDATES AND RUNNING AS A BLOCK: In other levels of govemment Uils is not allowed. Just because there is no local law forbidding this, does not make it right. Sharing campaign costs among candidates develops obligations to the grantor and therefore limits unbiased decisions. Running as a block and sharing expenses is not what the Founding Fathers intended when establishing democracy. Allowing this discourages citizens to campaign as individuals knowing the odds are stacked against them. How can this be permited at the local level and illegal elsewhere. D) ARE THERE BACKUP MECHANISMS IN PLACE TO MAKE SURE THAT THE BALLOT MACHINES ARE CALIBRATED PROPERLY7 With multiple candidates running, each precinct lists the candidate in different order. However, a nearby suburb during the last election needed a recount because some precinct machines were not aligned properly with the candidates. It did change the outcome of the elections. Does the City of Eagan have a backup checking mechanism in place to prevent a miscount at the precinct level? E) SOME CANDIDATES MISLEAD THE PUBLIC AS TO BEING ENDORSED OR RECOMMENDED BY A CERTAIN POLITICAL PARTY: State political parties do not endorse local candidates. Some citizens felt mislead because they were left with the impression that some candidates were approved by a political party. J'r 2 SETS d'Pw? 9 REGISTSRED § 1 SET OF' ENEEtG' f PENALTY?APfLIEI t? .« NbTE 'ADDRtSSi: PROC? To Be Used Fdi Site Add`rg?#;':? Loc (0 . • Blt. , Parcpl/5ub? /o Owner , .Li/Iiffi Addres's ?bSS?: City/Zip Code Phone G?? ContractoY- cCity/Zi0 CoEIA', Phone A`rch /Engr: : ..?: Address ?.,, bity/Zi?`bbde`Phone # : ::_ ,_'. . .x . A ' (Signatui .. ,:ir. all applicUbl , ,-+ l({ f.; ?j '?e. , ...r. _.."..-'... ry ? 1991 $UII.DING pHRiItf APPf:ICATI CITY 0EAGA?1 lIOLTIPLE mLtINGB ?p .? F: Y ? } ?yF"',? z?,p:?rP 2 SkTS OF?`??.A?1S? ?$?T$ ??V?Sr.'• ;:ItEGIS1'E[EE6 (CHSCK WfTN $LbG D?YT't )' 1 SEf 0&&GY Cm ,.# OF RENTAL fJNIT3 s rT'?e` ",{`x4 . ?- .# OF fi0R SAL$ ?T?iI'f?? ??t'??a Yi'?Yit T ' .. ' '... . ??i xq•.., F..I x Ofi PttMIT 1 0f NbNTH IN WNICH REQUES?' IS 1fiAD?` ? .?r"I.UT CF1AFiGE I$ REQUESTED'O?G?'??fI'? ?? W-ple?GERt ?.OTS = eiiNT[tACT0ijf1blSibWNBIt t?i .0 ?Q;?? ?? IPIL aE I.OW$ NC? . Na:IE' IFOIt.'5?iikitkWATER FERMIT$ IS`TWO iikt$: C;; §964A LICEISSEU PLUMBER DErACNED Gqy;AGE ? I S Doo »: r_ Vgluation?"? y µ n bFFICE'pSL??(?,01iLYZ?yz, ? .i ' t ? r d . 'aMi.'e' ?•a jn t-'.L?NlE ?- , =?r? Zo*ni?ig: Allowablp ? :' ?! r?r §AC;':G? ??lJ.:?`/_??°t' ?tL . #*`{a`f;L?to??t?? ?? i?.?:.?s ?y*§,i?3,'c?qy;y°°?a t /µ ?.?1 Lc\,g?ll. 11 ?I`-??v^?i al ^B?G?iY? K.?d??l' :?Id;cf.. D?ptM Vat?Y'? TotA +.i F,7 ?R.e.1:•i? Ad6C'. Foo?prfnt,5+?` fT + Ori gitd well .:i',?:?_?,e,?.?? MWiC1r'Sy§fBm Citq.;4*g6br 31?$tf?'i?'3 `?C$ : 'F> ' Bob&??Y Yump s? ?; P '?,? I 6?r' ?A Platmm6 Y! ,? 1p.??y???3? yr ?. ? ? ? COI11?C ?.1 t s'Yn? ??w~ ?a v? ry? ?'q o .Jw.l .,a..... ?•i : f Fr.,i, ww i ?p? r?yxip??,?i,. 1 • t F?c. L 634 W?' ? 5 _. ? agre?s thitt all ?V?1 ?; i?n ? ?.?. `? .' ?, ?X?.»t i?-?? •'??,` ?s ? ?? ? ?9.6f: Mifiiie'sotil St9tut63 'a1nd df?y of $aga?i,j t,x«:T`?'+;'+l+e4?ddh).n:..?.'•,y ... '. I?, . 6:1 t A ? ? aoc2irdhnEg wiEh i; r g?,.y??Y R:?^,l?ic?°O SICMA ;URVEYING SERVICES INC. 3730 PAot Krwb Road Eaqon. Mlmesola 55122 (eix) ass-aon ?POPPLP+ ? N , N,.? csa?,= Te p .oo ? ? rn'i • r0 , v? 1 Se.o.lt: I? _ (00' 14 ANE " ? ,a+?5' w5 / N ? 1 ?w0 4 , N H? (,?, ' 23.e A• . A ?rJ? r L-?,? i, • l.i ?l f' f• t-i ? ?.) , h?1 .. ? ?. LII .? S 'o Lz (N wr" E? ? t ? I . .LEGEND. 4 Qerolet !rm MavmM • (knotes Ilacd M.b Set q9t 4 1? ?i itIq9 Y o ?r j i ? Ip Q tb a Co.17 Se l r'r '- o` P 4 ? ? <.{ $q1.e0 1 ? ? 0 - .y I QJ ? ,,,,k c r ? , ',..? i; ?<• °o e^ e w ? ,., ? ?.J N r N ' T- } ?.? ' P.o.L. J ? ?9..e i.... P: a, P-spa1ty L:nc TYP.) W ?N 3 r. In .J ;°o `? L, ,.. << , 9 7. f' io • , ;, ' ....1... .. ._. . _ ... ............?..? Ti .,,i.it-e3.i•fE.?'.S:).??U liF,-?:. Ma:n PROPOSED'6ARA6E fL00R ELEVAf10N- $q9•'f PpOPoSEO top ol Block fLEVAIION- 400.0 PROAOSED BASEIIENI FLOOR EL£VATfON- 84L.0 140 . ' (knates Exrstirg Spof Elevaliar ? !k Verily al7 /loar hrighh wifh firo! Naae Pfsru.' Q99 7 Ap/f: 1 roles Proposed Spof £levaliai ?.r---Denntef Dreinage Directim - PROPERTY OESCRIPTION - Lot 6, Block 1, POPPLER 11019ESTEA05, according to the recorded plat thereof; and Outlot F. EAGANDALE LEHAY LAKE 1S7 ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Lot Cartificate for: Nr. NIcnagr, sxBLau Eaqan, MN N 89`?4l' la"E s I ? e qq5• X a3o? `? N G ? ?,??iX g94p % ? M \?5 I A? R ? 60tb9 u.o % . I 3:.0 Q.'' 49?x » P?^P°yNd'LE '? q41.0 =i.o 27.0 i T 32.D = ? I ^P'v? t;:\ X8? o\ 1 I C? 1 h? e?\h? ? L 07 6\ta?4 r1i: ? Sti.,. °re i •?. ? ?F?? 5 t e?o ? w CAk?1g-,? -WraErars r,ErrriFrcariaN- f hvreby certily !Mf fhis survey, plen cr repar! Mas (.repared by me nr vder my direct supervisim sM lMt 7 em e duly Reyistered 4M Svwya^ vd+?Ir tM Inn o/ fefe ol Yimes fs. WA Ie: 3o?9L bynr . CaGs, Yim. Req. No. 14675 ,.,,?,i.. .. ?:5?:' MEMORANDUVt TO: Doug Reid, Chief Building Official FROM: Mike Dougherty, City Attorney DATE: December 17, 1996 RE: Completion of Buildings Under Building Permits Following the meeting with Larry Poppler, our office reviewed the options available to the City with respect to requiring completion of a building. As you are aware, Mr. Poppler's neighbor was issued a building permit several years ago to construct a garage structure on his residential lot. To date, the exterior of the garage is uncompleted. Our understanding is that periodically the neighbor does some work on the structure. The construction of buildings within the City is governed by and subject to the Uniform Building Code ("UBC"). Under the UBC, the City is required to review the plans for a permit and upon such review to verify compliance with the UBC. Upon approval the City shall issue a building permit. Every building permit shall expire: (1) if the work authorized by the permit does not begin for 180 days after the permit is issued; or (2) if the work authorized by the permit is suspended or abandoned, at any time after the work is commenced for a period of 180 days. In the instant situation it is our understanding that the work has been properly commenced, and the core issue is whether and under what circumstances can the City require completion of the building. The UBC does not contain any provision requiring that a buiiding be completed by any specified date or time period. So long as work is being done without an interruption of 180 days, the building permit remains active under the UBC. Eagan does not have an ordinance requiring the completion of a building within any give time period, and it is my understanding that in your discussions with the State of Minnesota is that there may only be one community that has such a requirement. Assumingly, that may be due to the fact that there are existing nuisance laws which may become applicable if a building is deemed a health or safety problem should it not be timely completed. Presently, the building permit issued to Mr. Poppler's neighbor is still valid and would remain so unless he fails to perform any work on the property for the 180 days as required by the UBC. If you have any questions, please give me a call. MGD/wkt cc: Tom Hedges, City Admini?rrator 9-6-96 Thomas Hedges City Administrator City of Eagan RE: AN ISSUE OF CREDITABILITY AND CONFIDENCE AS TO CONSISTENT ENFORCEMENT OF ORDINANCES BY COMMUNITY DEVELOPMENT TfERE APPEARS TO BE INADEQUATE FOLLOW-UP OF ENFORCEMENT OF ORDINANCES WHICH LEADS TO CERTAIN PATTERNS OF BEHAVIOR. t) Mr. Ridley was informed in summer of 1995 that there was commercial parking of vehicles ungaraged at 2locarions on Pilot Knob Rd. Both locations were informed of the violations. One location conected the infraction and the other did not. The location at 2960 Pilot Knob Rd ignored the notice as they have for years from other complaims. Again in 1996, Mr. Ridley has said that "we are currently working with the property owner to remove the commercial vehicles for this property". The location is even more cluttered with these vehicles. It can be asserted that nothing will be done. Photo enclosed. 2) Since notlvng was followed up over the years at that location, the Ekblad's took the bold step to install an industrial size accessory building at another location. He may have been told that he could not use this site as commercial application with his commercial velricles but historically this threat was perceived to be meaningless. 3) The very size (almost 1,000 square feet of floor space, side walls of 16 with garage doors of 14) could be interpreted as another primary building on the same residential site. Especially when it is used as such. The assessors could split zone the location for property tax purposes. The building as it stands now is unfinished on the outside and the cement floor is not powed. The city has expressed now that they will enforce the ordinance concerning commercial usage. Consequently, the owner is left with a building that can't be used for what is suucturally designed. The building has remained unfinished for over one yeaz. The taz paper and some o£the overhang has been damaged by the last storm. It is in fact abandoned. Why would anyone invest money to complete a building that may not be used what it is designed fofl At the same time pay even higher property taxes. 4) It is absurd for the City of Eagan to assert that it is now a personal matter between neighbors and the city will not do anything to solve this conundrum. CONCLUSION Failure to provide adequate follow-up of concerns over the years and any future failwe to monitor this situarion can logically led to the assumprion that there exists a certain bias for those that have a philosophy of usurping for tangible gain. ? ? To: DOUG REID - CITY OF EAGAN MEhIORANDUM From: GERALD QUD) E. DELOSS, ESQ. Subject: 6UILDfNG PERMIT ISSUED FOR EKSLAD GARAGE OUR FILE #206-14092 Date: September 11, 1996 i have reviewed the Uniform Buifding Code and applicable Minnesota Regulations goveming the construction of the Ekblad garage. The Minnesota Regulations have adopted, by reference, the Uniform Building Code ("UBC"). Ali references will be made first to any applicable Minnesota Regulation and, second, to the UBC itself. Minnesota Regulation Section 1305,106 govems building permits. As Mr. Ekblad has shrewdly recognized, a building permit will not expire unless the work is suspended or abandoned for 180 days. Thus, technically if work is undertaken at any time during the 180 day period, the permit may not be revoked or suspended. See UBC Section 106.4.4. However, under a separate provision of the UBC, the builder must inform the city of the intended use of the proposed project. If a building perrnit is issued in error or based upon incorrect information provided by the builder or if the building is in violation of code or any regulation, then the permit may be suspended or revoked. See UBC Section 106.4.5. Thus, if Mr. Ekbiad did not provide corred information regarding the intended use of the building, there are grounds to revoke the building permit. The code distinguishes between pnvate and public garages. A pnvate garage is defined as one not more than 1,000 square feet in size. A public garage is defined as all other garages. See UBC Section 208. The distinction is important because public garages are govemed by different regulations than private garages.lf garage exceeds 1,000 square feet in area but is less than 3,000 square feet, the regulations goveming the building fall under UBC Section 3 10. It should be noted that the restrictions set forth under UBC Section 3 10 are only applicable if the private garage is less than 3,000 square feet in area and is used only as a parking garage for private or pleasure-type motor vehicles where no repair work is done or fuel dispensed. See UBC Section 312.2. Such a garage would be considered, for purposes of the Code, as a Group R, Division I, Occupancy, i.e., a hotel or apartmerrt house. The exterior walls of the building shall comply with UBC Section 503 and Chapter 6 of the Code. I have been informed that the Ekblad garage apparently is unfinished at this time. Thus, there may be a violation of this provision on which the City can take action. If the Garage area exceeds 1,000 square feet and is used for purposes other than those set Torth in UBC Section 3 12.2.2, then the restrictions found under UBC Section 311, would govem. UBC Section 311 governs these larger garages and takes into accourrt the hazard both environmentally and for fire purposes the use of fuel and combustibie materials. Thus, under Section 3 11.2.3.1 in areas where motor vehicles, boats or air craft are stored, floor surFaces must be made of non-combustible, non-a6sorbent materials. Further, floors shall drain to an approved oil separator or trap. According to Mr. Poppler's letter, the floor of the garage, at ¦ ? ? DOUG REID - CITY OF EAGAN Page 2 September I I , 1996 this time, is still Class 5 gravel. Thus, the City could take action as the garage could pose an environmental as well as fire hazard by violating the UBC Section goveming floor material. UBC Section 3 11 also mandates exterior wall fire resistency. The incomplete state of the Ekblad garage may not satisfy these requirements. Garages of less than 1,000 square feet in area are considered private garages. The more lenient restrictions of UBC Section 3 12 govem these areas. Fire resistant exterior walls are not necessary if the garage is less than 1,000 square feet in area and not less than five feet from the property line. See UBC Section 503.4.2 Further, the floor surfaces of the garage must only be made of a non- combustible material or asphaR. See UBC Section 3 12.5. Gravel would appear to satisfy this provision. The po?le violations of the fire and building codes by Mr. Ekblad are important for purposes not only of revoking the building permit. Under Minnesota Reg. Sec. 1305.102, UBC Section 102, all buildings and structures regulated by the Code which are structurally unsafe or do not provide adequate egress, or which constitute a fire harard, or are otherwise dangerous to human life are, for the purpose of the Code, unsafe. All unsafe buildings, strudures, or appendages are public nuisances and must be abated, repaired, rehabilitated, demolished or removed in accordance with the procedures of Minn. Stat. § 463.15 to 463.26. Under § 463.15, a"hazardous building" or "hazardous property" means any building or property which because of inadequate mairrtenance, dilapidation, physical damage, unsanitary condition or abandonmerrt, constitutes a fire hazard or a hazard to public safety or heafth. Under § 463.15 I, any ciry or town may remove or raze any hazardous building or remove or correct any hazardous condition upon obtaining consent of the owner. Further, under § 463.16, the City may order the owner of any hazardous building or property within the municipaliry to correct or remove the hazardous condition of the building or property or to raise or remove the building. Finally, the City may correct or remove the hazardous condition itself, the cost of which shall be charged against the real estate and the property owner. Minn. Stat. § 463.16 I. In order to proceed with this matter, it will be necessary to meet with you and your staff to discuss these possible code violations. I have set forth specific UBC Sections so that a building inspedor may refer to them when preparing for this meeting. If you have any questions, please contact me. cc: Michael G. Dougherty, Esq. ¦ DRAFT COPY September 13, 1996 GERALD (ND) E. DELOSS, ESQ. Deaz Mr. Deloss: Doug Reid has forwarded your letter of September 11, 1996 to me for review and comment. We aze in agreement with your statement that a builder is responsible for informing the City of the intended use of a proposed project as indicated in U.B.C. Section 1063.1. We also concur that U.B.C. Section 208 defines a private gazage as "a building or a portion of a building not more than 1,000 sq. ft. in area..." Please be advised that Mr. Ekblad did indicate to the City that the use would be for a private garage. We do believe that the use is consistent with the proposal and therefore, we haue no grounds for revocation of Mr. Ekblad's building permit. The garage in quesrion is 990 sq. ft., therefore debating the Building Code with respect to raited wall assemblies, opening protection, floor drains, etc. is a futile effort. The City is not awaze of any building or fire code violations in this garage and we have no grounds to attempt to remove or raze this shvcture. If, however, you aze awaze of any violations of this structure, please feel free to contact us so we can take appropriate measures. Sincerely, Da1e Schoeppner Senior Building Inspector DS/js September 4, 1996 Following is a chronology of events that have taken place between Lany Poppler, Mike Ekblad, and the City of Eagan: 6/591: Building permit to construct gazage issued to Mike Ekblad. 4 26/93: In a letter to City Attorney Mike Dougherty, Larry Poppler agreed to move the lot line of Outlot A, Poppler Homesteads Addition, plat. 6/10/93: Larry Poppler wrote a letter to Assistant to the City Administrator, Jon Hohenstein, requesting to minimize the escrow account being drained on the final plat. 7/11/93: In a letter to City Planner Jim Sturm, Larry Poppler expressed the following: - concerns over grading of Ekblad's lot - water drainage and erosion - gazage pernut his expired. /10 12/93: In a letter to Jim Sturm, Lazry Poppler expresses the following: - concerns over storage of bobcat and use of lot - backhoe - potential commercial use of property - expired building permit. 4/4/94: In a letter to Jim Stium, Larry Poppler identified the differences in surveys from Bemard Lazson, County Surveyor, and Cordes and writes to Wayne Cordes asking for a change in the survey. 4 4: Mike Dougherty writes a letter to Larry Poppler informing him that: - the property line dispute is between Larty and his neighbor. - the City's position is that of an innocent bystander. 4/14/9 • Lany Poppler writes a letter to Mike Dougherty expressing his disagreement that the City is simply an innocent bystander. 12/7194: Larry Poppler sends letter to Tom Hedges asking that the City reconsider its position as an innocent bystander. 12/8/94: Jon Hohenstein sends letter to Lazry Poppler reaffuming the City's position as an innocent bystander. 2/13/95: Larry Poppler sends letter to Jim Sturm requesting reinstatement of the platting process. 5/2/95: Larry Poppler sends letter to Chief Building Official Doug Reid questioning: - drainage - if the building permit has expired for Ekblad's garage commercial use of Ekblad's garage - Ekblad's lot is used for storage of excavation equipment - the amount of fill on Ekblad's lot. 5 /9 : Senior Planner Mike Ridley sends letter to Mike Ekblad requesting: - removal of outdoor storage - no commencement of work on gazage until a new building perxnit is issued. 5/11/95: Letter from Larry Poppler to Mayor Egan questioning expiration of this building permit and commercial use of site. 5 24/95: Letter from Senior Inspector Bill Bruestle to Mike Ekblad reaffirms the need for a new building pernut. Tom Hedges sends letter to Larry Poppler responding to concems in his May 11, 19951etter to Mayor Egan. He tells Lany that Mr. Ekblad has been notified that a new build'utg pernut is required before work can begin on his gazage. 6/7195: Larry Poppler sends letter to Mike Ridley complaining about: - the trailer being pazked outside. - commercial use of property. 2 5: Second building permit issued to Mike Ekblad for gazage. /6 30/95: Mike Ridley sends letter to Larry Poppler advising that: - the home is built as proposed. - storm drainage is adequate. - Ekblad informed him that no commercial operations were taking place on his property and that the trailer was for his own personal use. - A new building permit was issued to Mr. Ekblad on June 26, 1995. There was no basis to deny renewing the pertnit based on what the building may, or may not be used for. 73/95: A meeting took place between Larry Poppler, Bill Bruestle, and Mike Ridley to discuss the size and use of Ekblad's gazage. /7 4/95: Lazry Poppler sends letter to Mayor Egan accusing Mike Ridley of walkiug out of 7!3/95 meeting. 7/695: In a letter to the Mayor, Councilmembers, and Tom Hedges, Larry Poppler:: - expressed concern that neighbors were not notified before issuing a building permit to Mike Ekblad. - questioned the dollaz value of the gazage and cost of the building permit. - He did not like the size of the gazage or its potential use and questioned if garage was higher than the house. /7 10/95: Lazry Poppler sends a letter to Councilmembers Awada and Wachter: - claiming that the neighbors should have been notified before issuing a building permit. - questioned the permit price. - states that the Community Development Department is out of control. /37 1/95: Mayor Egan responds to Lazry's letter of July 6, 1995: - the City does not share his perceptions about the way this matter is being handled. - the gazage is in conformance with City Codes. - the City is not required to notify neighbors before issuing a building permit. - Mike Ridley left the 7/3 meeting because Larry and Bill Bruestle were going over building permit matters and he felt his issues were complete. - Due to the substantial amount of time given to the problem by staff, there was no systematic failure of Community Development. - The garage is in conformance and Larry's concerns aze largely due to personal matters. 2/1 21/95: Framing inspection was made on gazage. /2 8/96: Letter from Larry Poppler to Mayor and City Councilmembers claims: - the City delayed platting Poppler Homesteads Addition for five years due to boundary disputes. - there have been excessive development costs associated with this development. 3/3/96: Letter from Larry Poppler to Mayor and Councilmembers thanks the City for approving his plat that has taken over six yeazs to recognize. 5/28/96: Letter from Larry Poppler to Mayor Egan claiming: - gazage is non-conforming due to height and square footage. - permit should have not been issued due to survey dispute. - 2860 Pilot Knob Road is being used to store trucks and heavy equipment. - extending the gazage at 2860 Pilot Knob site was ignoring residential setbacks. 6/21/ : Tom Hedges answers Larry Poppler's May 28 letter to the Mayor stating: - the height and size of the garage is in conformance. - the City had no legal basis to deny a building permit. - the setbacks at 2860 Pilot Knob Road were deviated by a variance approved by the City on November 15, 1983. 7/17/96: Memo from Pat Awada to Tom Hedges requesting: - is the building permit expired - is Ekblad using the gazage for non-residential use. 7/19/ 6: Site inspection of garage revealed soffit work and trimmers were recently added. 7/22 6: In a memo to Doug Reid, Dale Schoeppner responds to Awada's concerns: - the permit is still valid. - commercial activity has not been noticed on-site. 7/30/96: Letter from Lazry Poppler to Tom Hedges - disputes definition of height. - says garage is industrial size - questions use of the gazage. - claims City hastily renewed permit and that permits only remain in effect for six months. - claims footings were approved even though not worked on and building is not finished. - trailer on site is licensed as "commercial". - Pilot Knob site is being used for dump trucks. 8/696: Letter from Doug Reid/Mike Ridley to Larry Poppler responding to July 301etter: - reaffirms that the garage is in conformance with size and height requirements of City Code. - there is no evidence of commercial activity on-site. - provided name and address to send comments regazding definition of height. - states that permit is valid as long as work is not abandoned more than 180 days - Ekblad has assured the City that he is not using his trailers for commercial use. - footings were inspected at the proper time - the City is currenUy working with Mr. Ekblad regazding 2860 Pilot Knob Road for pazking violarions of commercial vehicles. 8/15/96: Letter from Larry Poppler to Planner Shannon Tyree states that a boulder retaining wa11 is located in the easement. Letter fonvazded to Mike Foertsch, Engineering Department. 8/23/96: Letter from Larry Poppler to Mayor Egan states that no work has been done on the gazage since last fall; pounding a few nails every 179 days is a liberal interpretation of the Code; and there is storage of commercial vehicles at 2860 Pilot Knob Road. 1j?z.cJ? 4-26-93 Michael Dougherty rlttorney representing City of Eagan Eagan, Mn, 55123 Deaz Mr. Dougherty, You have received Roilin Crawford's letter to Joseph Chrisiensen dated April7th 1993. Enclosed you will find conespondence and notes pretaining and sent to Wayne Cordes (Ekblads surveyor). We are willing (reluctantiy) to move the lot line of oudot A of the proposed piatt. This would give Ekblad property that he didn't pay for. Its been over 3weeks since I met with Wayne Cordes and evidently this solution doesn't satisfy Ekblads' thirst to graU somedung if he can and not pay for it. It wouid a]so seem to be in the city's best interest to upgrade aiiotlier road systent, obtain proper easements for enough widths for sewer lines already in place and move on to other more important issues. It is in my iniereb-t to see that a 84 year old fakher not go through any tnore skress and pain over someane who wanLs something for nothing. WE ARE OPEN TO ANY StJGGESTIONS ON THIS MATTER. Eagan, Mn 4-2b-93 Wavne Cordes 1971 Senaca Rd Suite E Eagan, Mn. 55123 Dear Mr Cordes, r1s you recall, we met on 3-30-43. Nuw, a reasunable len„th uf tune has passed and we have no answer from the issues from that meeting. Coiild pou keep me current on Ekblads reply. Sincere2y, Larry Poppler 454-8906 4-i-93 Wayne Cordes 1971 Senaca Rd Suite E F?g,n, Mn. Dear Mr Cordes, This is just a note to say that i would expect to hear from you by the 9th of April regarding the an.Swer from Flcblads. This should give them at least 10 days. (we met 3-30-93) rncedently I'm amazed that you didn't and perhaps still don't recog,nize the morntments surrounding and adjaceirt to lot 6. Sincerely, Larry Poppler It e4: i?lch/.oof! ??eenv : 3 ?,P1?,, al 47/7?e... ecn?a? Ay/te?'?Ar ?/iI IJ Alof u^eiW y' C/lN 0.n+60 ?dW.o7 C- 2?. q'(? rr t. ?A? ?`f?' P?l ?--?_ /.),/e 67 e., r--? le? ?r?2?eJ WJ , f4 rc e i!- r? t e .? ?/e..?'t , 3)? QqpvlJ c r?l Oin Pr,-, ni ai % Tz s?,. @/..W"f .,ico y-- r r- ? QA00e??.( GsYI .lc'.! WFWF /I?G?I,. ?•?12w? ffJ A n? F@..-e e /? /?- C 10Cc-Alw S'/uvls? 4-0rG hCc? /*2eev7s?.-Z.a.? ha d-r,l l /^, l.:,e, .?r..v? I'r? J ? j?, ?,//J? e µ-? `t?? ??°s? ? o ???? i!>it'I ?? Y?f? //f?,. ?irr4..?1-?, /Py?/? a-fcl?,(??? /1-e,, ? YjLeO ??f ?'?` G /f/,?-?7 `l ?J?",` ? ?• P ?.8? C ,?i71 ' ' C A.- .,r .??p? y ?, ? Pi?dc,c'Jf -??c u.A? ,r 6 ?.UR7Jivt 4 u r(? S rt?.?r.? ? (/riQCs?f`A^-?"'1, n6? , `T .OJ/re c? ;e(-- I?c X.o"( -J ? ?1 `?/Lr /1?•0/EfJ ??`? > C v? 9`??t" /? `?? ?L vrll.Dyc,• /?c scr?r-k 7 "7ev F4 K. L',4 ( (; v.,,?L ? i? ?(?'??'?li? e. /? vs's?, ? ,fi<?1 %????? ? ?? ( ?i?'%/?n??.., ti,??? T"- i.v/di G' ? ? / ?f ?e ?/??/?? /i `? ??" ??%??^-`y????? 6???D ??AP" C7 ? Ai??/? ll<? ??/ ? ??"' ? ( / /zc'N'CJ /??n ?_ ? 'i>-?, ? 4J le'(C ?G ?l.?Yf u? f" ? ?? ? ' ??,-..??%?m ? ? ?/?'` lcw2 ?= G-10-43 Jolut Hohenstein City Development Eagan, Mn. Dear Mr. Hohenstein, RE: Poppler Homestcaci #2 As per our last meeting in iv1ay regarding the escrow account being draineci, we request that the expmises incuned be mdn;m;zed. The platt. is for ojily 2 additional loth- and these expenses are mmnnig up as if it were a major deveiopment. We are wking that prudence be observed. Aiso, as we understand, that the only thing required on the final plau approval is to have a determinaiion of the lot line boundary between lot b and outlot A A.s we discussed, the maiter is being reviewed. Yours truly, Larry Poppler 7-i1-43 Jim Sturm Conunuruty Development City of Eagan RE: The need to monitor the e?tcavating of lot b by Mr Ekblad )N%en Mr Ekblad obtained a permit to build, he was allowed some diseaekion on grading around the new building. He has done major excavating by hauling at least 154 to 200 dwnp truck loa(fs of [oil to raise his ground level. This activity has prompted the follow7ng concerns, whieh warrents itispection and monitoring. 1} St}I., EROSIt?fN to pass on adjoining prapertY ( iot #S) Zj WATER DRAIlVAGE too burdensoma on lot 0?1 and 95 to cause heavy surface waLez drained from Mr fikhlad's psoperty. -? 3} EXTRA SOIL was put on his east boundary and on khe west 416p af Lamay Lake property ( ie: the west side of their berm). This may cause probleins in the future because Mr Ekbiad has placed signs on the tap of the berm ( Lamay Lake Property) and perhaps thru usage over a period af time gain extra footage by adverse possession. 4} MASSIVE EXCAVATION MAY DESTAOY THE PRCIiPERTY MARKER (7I*t THE SOVTHEAST CDRNER OF LUT S. Qn the west side of his lot this same activity took place and some original monuments for oudot A are lost or deskroyed. Mr Ekblad HAS DdNE EXCAVATION EXTENSIVELY WILTHOUT .4 PERMIT BY THE CITY. 4) The sxtra garage pernut tliat was acquired with the hause pernut ha.s in effect HAS EXPIRED. Accorduig to the city nules, pernuts are goad for onl_y 6 months. He shauld reapply and pay the fee. If its any other way, then some could IiterallyUuild a foundation for a home and live there while it is "being buildt". ?,A?? ?F"`?u- '?I ? ?,F I feel ail these issues need to b addre d anti'correc[ed. Cou1d you pass this notice on to the progress? Respectfully, ` Larry Popp ? 3034 Poppier Dr Eagan, Mn. 55121 departments and inform me as to its iKI jlKiTia6q. ;, 10-12-93 Jim Sturm Community Development City of Eagan RE: Neighborhood Concerns STORAGE OF EARTH IvI4NTING MAC.HINES AND EQUIPMENT ZC7NED RESIDENTIAL Peopie who haile this type of equipment have a tendency to store this equip.ment at their home if they can possibly do so. This may save storage fees for them, however, this practice has a negative affect for property value anc3 resale appeal. This destroys the esthetie nature of a resiclzncial neighborhovd. Does anyone want to live next to oVersized commercial vehicles and equipment. Consequently home equitity su#2ers. Michael Ekblad has started that process. You can see the results from other locations. As you can see &om piciures that you requested, it isn't too unpressive. I'm requesting that the ordrnance for this commercial equipment be entorced. INGRESS AND EGRESS OF COMMERCIAL. EAItTH MOVING EQ[ JIPNIENT (enclosad are a few photos) A) This has happened continously over the weekends and evenings ie; the reason that you re.quested ph.otos. This person is doing commercial work «ith storage on a resicience zoned homestead. Money wouidn't be iied up in that amaunt of ;.quipment unless it was used to make money. This person is in the excavaiing business at least part-time. Lately, at dusk or dark he has been witnessed by 2 people on different occasions to drive these machines then. (Sept. 7th --8:30 PM drove rubber tired baclchue tracTor loader and on Sept. 11,1993 --drove bobcat type) Both times no ligl:ts and on The sidewalk along Lone Oak road. THIS [S NOT LEGAL. B jSeveral timas Mr Ekb3ad has backed his dump truck with the attached longbed trailer dawn Poppler Lane and on to Lone Oak Roati. There is a SAFE1`Y CONCERN to deal Kith here. Poppler Lane is not a thru street so he cannot turn around unless he drives on private property. V4'hen he Ytad some blocks delivered to his lot, he had his mother instruct the driver to pull next to my fathers' home so he could back on to his own drivewav and zxit forward down the street. How would you tike to have an 18 wheeler on your side lawn? He was told nat to do that. So consequently he does the totat backup route. His iot and the dead end .type street are not designed fo.r continuous movernent of that type of zquipment. WATF.R DRAINAGE The ti;+ater drainage &om the north side of the house on lot 6, the propnsed garage and a large part of the tioi iii side of lot 6 appears io rap around the retainin$ wall and on to lot 5. 'I1tis cauld be a real probiem with hea-q downpours like we have experienced. The overall area of the runoff is estimated at around 4000 to SOOQ square feet. As menrioned in the preiriou5letters, extra till was brought in to raise the Iot level considerably. The extensive e:ecavation was done Vifithout peimits and inspections. My fathers surveyors "shat" the lantiscape of tne lot before he developad the property. THERE NEEDS TO BE SUIvIE A55URANGES ABOUT THE WATER RUNOFF. When Mr Ekblad applied tor a peimit to build the adciitional garage, he said that it would be for storage. Since that building permit has expirzd ajtd there is still no building, the city should look into the feasibility of zt for renewal. Even if he built ttte "storage" garage, the building may not be Ivgh enough to plice ius dump truck. ( as I understanci, the garabe cannot be higher than the residence) He alrearly has a 3 car gar:7ge ivith a basement. :S TI-IF, iXTRA GARAGE FOR STORAGE Oi2 Ft%R %CC)IvIit•IERi IAL, USE?":"? t'Iease evaluate these concerns. "These issues have nothing to do with lhe aurner personally, but I'm questioning his activity and how it relates ta the neighborhood. h1r Ekblad has a fine horne and I wish him well. Sincerelv Larry Pappler 4-4-94 Jim Stunn Commu.nity Development City of Eagan RE: Cordes survey issue Mr Ekblad presented ihe Cordes survey to the city of Eagan for his home permit. They approved it without any research because it was done by a licensed surveyor. Now, W. Ekblad uses that approval as extra leverage to his misleading azguement. Enclosed is a 1/4 section map (copy) done by Bernard Larson, county surveyor, dated Feb. 1974. As you can see, the Cordes su.rvey conflicts with it. It is very skrange khat the city of Eagan remains neutral on this issue. The Cordes survey extends into a platted street done years ago. The most evident markings ie: utility box and fire hydrant (which the city supervised to put in) would place them beyond the right of way and on private land. WHY CANT TfE CITY STAND BY THEIR WORK AND THE WORK OF TI-iE CflUNTY SURVEYOR????????? Sincerely, Larry Poppler CC: John Hohenstein to take another look ai this issue 411-94 Wayne Cordes 1971 Seneca Rd Su.its E Eagan, Mn. Deaz Mr. Cordes, The state board of ialid survey along tivith the Attorney Geilerat's office has enough material to conclude that you provided a client driven and unprofessional survey. This dispute started when my faiher was 81, he is now 84. A reasonable interpretation would be that my parents could have sold a lot or two in this tvne perioci. In fact a good faith purchaser recently approached my brother inquiring about a lot. This person would Iike to know if its' available in a month or so. My parents cannot dispose of their estate for life's maintenance witli this issue unresolved. This is that generation's 401k retirement pian. DOES IT SEEM REASONABLE TO DENY THEIIt HARD EARNED ECONOMIC GA1N BY CERTAIN ILLEGAL OR QUASI-LEGAL MANLJVERS? r My brothers and sister suspect this issue has had a pernicious affect on our parents health. To forgo any further darnages, I respectfully request that you fix your obvious siuvey errors. Sincerely, Larry Poppler SIGMA iURVEYING SERVICES INC. 3730 PW KrUDO flood kopon, 1+wnealo 65122 (oix).sx-aon ?POPPLP L•a`? Lot Cnrtificate for: kr. WuaBL axBLba Eagan, MN I 8"F- ? ? o•, 641 qif .4 ' I ?- 11?.7i i ' ' ++Sty? : \q I ? I 'bp I ? °r N h ' 210 ?`. ? 71.0 N To?_, e ? ? Pa r. 0 v N ?...1?: 1' • bo' \ ? . ?JO &. L i ^ fLi u0 = .. k•W, E( ?'" ? g11, 1 ? / Y??'k o•'-•• ?? .`,j? ?' I p 1 N. 'fr" r.r. ?0.11 Ya,? D.1'1 !i. v? :- V? •:l ??•;Y ?? .1 I - T? r1 ..6. Elw.: b• 899.7 1 ? 7 ? M0.0' ? ? ? r w?y I C, ? M y{ ?,? pe . (xeax.o) I I ? Z ?,.ss_.o?' ? , ?l po ? V• 1 L?' J O . I , xT.o i 7s.o I %A,3yt° t ? x0y,t1.o? s•? P 4r? a ^IG ? 0^Y ?' V 'V ? S o 1\ k+ ? ' LL Cc ? / ? f ? QY \ . ' ??f ???ao • Y.s.'.... ^? _"_ Qy1/ P ••t L;na TYr? ? \S?J ? I?Ir • ' ?y?.. •+rP y 'I J to aN I ' . ?, ? ?a ?• \ i ' .5???{'?Q?r? ??Z??d ?•, L.i .i LJ Y.n.?.. i.. .? U ? W Aa:R -LEGENO- PAOPOSEOv'GA/UGf fL00R fLEYATION- a4 1 'o AMOtn !rm Ncrumnf AAOPOSfO fop af B/xk £L£YATILW- 900.0 : qmqs yocd ry,,p Set ,.., PROPOSfD.dASEYENT fLPOR ELEYA710N-! 9q2•o '40 pfrofax fxlslirq $nf Elawtlm' ?rf, Vefify s!l llar MigAls.rlfh firol Hame Ylans.•. (,999•7) Ckroles Prcposed Spaf Elavallai ,,?0.nofrt Orairoge Directtm - PROPERTY DESCRIPTION -. lot 6, B10ck 1, FOPPLEH MUMESiEADS, accordtng to the Pecorded plat thereof; and Outlot F, EnGNNDALE LEIWY LAKE 1ST AD0I710H, accordiug to the recorded plat thereof, Dakota Luunty, Mtnnesota. .,alP4fyq?5 C£RTlFJCAlIUI- ! lyraDy cartlly fhwt lhis survay, pfan ar niwrl raJ preyfN Dy Iro w' vder ay direCt superviaiai . I ud Iwt 1 ea a duly Rag(3taro0 4N Swveya- i udp.?r tha !.n ol fatr o! ifLws h./ W ' r.: 3014 . r,ynr b. CaW?, Yim. Rrq. Nu. I4615 - --------.??-- """` r SEVERSON, WILCOX & SHELDON? P.A. LARRY S. SEVERSON JAMES F. SHELDON 1. PATRICK W ILCOX MICHAELG.DOUGHERTY* MICHAELE.MOLENDA A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 600 MIDWAY NATIONAL BANK BUILDINC 7300 W EST 147TH 51REET APPLE VAI,LEY, MINNESOTA 55124-7538 (612)432-3136 KENNETH R. HALL SCOTT D. JOHNSTON LOREN M. SOLFEST ANNETTE M. MARGARIT *BRADLEY SMITH SHARON K. HILLS ROBERT B. BAUER April 11, 1994 Mr. Lawr eP. P ppler 303 oppler Lane agan, MN 55121 TELEFAX NUMBER 432-3780 Re: Sigma/Ekblad - Poppler Homestead No. 2 Our File No. 206-7219 Dear Mr. Poppler: OF COUNSEI.: JOHN E. VUKELICH Your letter of April 4, 1994, was forwarded to our office by Jim Sturm of the Eagan Community Development Department. The City empathizes with your parents situation and sincerely hopes that a resolution is forthcoming. However, while your frustration may be warranted, the City's role in the ongoing dispute with Mr. Ekblad, is that of an innocent bystander. The City was not involved in the transfer of property to Mr. Ekblad. The City's role in relation to the survey prepared for a huilding permit is limited to reviewing certain items of information from the survey in order to issue an appropriate permit. The survey was not done on behalf of the City of Eagan, nor was it prepared for the City of Eagan. Under the Uniform Building Code a municipality may require a survey of the lot to verify that the structure is located in accordance with the approved construction plans. The City of Eagan's Code of Ordinances provides that a Certificate of Survey is required wherein land is to be occupied by a structure. The City•s purpose is to verify the setback distance of structures from surrounding lot lines. Ultimately if the structure is not located as represented by the survey, the City bears no responsibility for that error, but rather the building permittee would he in violation of the permit. Again, we recognize that it is unfortunate that these problems have developed to such an extent that they hinder your parents plat proposal, but we hope you recognize that this is a private matter to be resolved between the Ekblads and your parents. Until that occurs, the City does not have any power or control over this matter. We do thoroughly wish you well in your attempts to put this matter behind you. Cordially, SEVERSON, WILCOX & SHELDON, P.A. Michael G. Dougherty MGD/wkt cc: Tom Hedges, City Administrator Peggy A. Reichert, Community Development Director MDIW DVAL ATfORNEYS AL50 LICENSFA lY IOWA. WISCONSIN OR NEBRASXA •CERTIFIED REAL PROPERIY W W SPECIALIST, MSBA / 4-14-94 Mr. Michael Dougherty 600 Midway National Bank 7340 West 147th St. Apple Valley, Mn. 55124-3136 RE: Sigma land survey issue Dear Mr. Dougherty, I received your letter dated Ap. 11, 1994. I would have to interprete your response for the City of Eagan [unless I hear otherwise] is that: Even though the monusnents, electric boxes and fire hydra,nts [up and down the street done by, or supervised by the City of Eagan] match the intent of the county survey map done by the county surveyor in 1979, the City of Eagan is an "innocent bystander". I'm sorry but its hazd for me to comprehend that position. Sinccerely, Larry Foppler CC Tom Hedges, city administrator `°`°"°'`'???,, Minnesota Society of ° - ? Pro fessional Surveyors ?. , = o Establislud w Htnneaota Land Sumeyon Aasceiation in 1953 AJ/'iliate ofAmerican Conqresi on Surtreying and Mapping •nse• PRESIDEM GMV H. STEVENSON DeFOIe CauMy Survayor 14955 Gelexk Ave. appevaney.?w 56124 (612) 881-7088(0) GNE30EMELECT June 16, 1994 CaAFtV F. C0.SWELL 18743 7(avior Slrael NW Elk qNer, Apl 55330 1812) 3411-3731 (O) (812) 111-0911 PAST PRESMENT wAroc a rerErisor? Lar Po ler r9 PP arlswemwonn 3030 Poppler Drive (g???p? Eagan, Minneeota 55121 (672) 822-2f113 SECHETARY UVAVNE R Ot1PSLAFF zi iao ainm rrWi r+onn 3cerMla, MN 55073 (812) 433-3421 (O) (siz) axi-s+es Mr. PoPPler, TNEAStAiEH PETERW.JENKINS I can only think of one area the Ethica Committee could proceed ? ?n aw on: A peer group evaluation of the eurvey. Both eurveyors would #X0 PaA Piece have to agree to the evaluation and the reaulta are non-binding. Mn",ee°°iIs,"°r s41&'zze (siz) sessssa (o) I don't think that both aurveYore would a8ree to this and it would WS-9w not accomplieh much to do it in any caee. OtLEGA7E TO A.CS.N. MAPLOW BOX ??a"?OWAP1 It appeare to me that the aurvey wae not correctly parformed. Tha PineIsana.?wssM original interior monumenta should hold. But it's not unethical (507) 35S4M (") to have a bad aurvey, or to do a aurvey incorrectly. It's a poor °w??E? eituation, hut it's not an ethical eituation. FRE ew< 126 P.O. Waaw,MN56CB4 (218) 547-7296 (O) Your best choice ie to probably take thie through the court (zie) esz-zaie procese. A really aggresaive attorney would have an excellent owECron chance to accamplish eomething. LYNN P. CASINELL Eq,oO,?°, ? SWM MSPS Ethica Committee (612) "1 -zon (o) (si2? u1seoo owECroa ., JEFFREY L GROSSO . iraospuaeoma Ron Murphy, hai n RW Nroq, MN 55066 (812) 388-11112 (O) (612) 30&5367 DIRECfOq JEANE C. GAWIN 1418 • ti Awnue N.E Rodwnlet.LP1 YWW CC: GBtf $t@V82IBOtt (507) 288-8M (o) (507) 2e5-0279 D6tECfON PAUL A JOFINSON 12510 MdCUSid RE. N. SlilMeta, MN 5508T `a7&BD10(O) 439-97a3 EXECUfIVE OGIECfOH SHAHON HARRIS AUmMisiretM Otliw Faz NumDere ara In Roafer 1700 N. Skyline Drive, Burosville, MN 55337 P6one (612) 890fi991 FAX (612) 890-3738 R°pY D"dty tO W'"w Toll FREE 1-500-890-LAND STATE OF MINNESOTA OFFICE OF TfIE ATPORNEY GENERAL HUBERT H. HUMPHItEY III ATfORNEY GPNPiA1 October 31, 1994 Larry Poppler 3030 Poppler Drive Eagan, MN 55121 Re: Wayne Cordes, L.S. Deaz Mr. Poppler: CAv60.NMEVT SFJtVICEg SF.CI]ON SIS PAAK S7RFFf SVIi£500 ST.PAUL.W.'SStD3-3106 ]EItPHONE: (61:) 297-:0aO Thank you for your letter of October 27, 1994, in connection with the above-referenced matter. The Board is in the process of taking action to enforce the Stipulation and Consent Order signed by Mr. Cordes and approved by the Board. However, Minnesota law, specifically the Administrative Procedures Act, Chapter 14, requires that certain steps be followed before imposing disciplinary action. I will advise you of what action the Complaint Committee will take when it is prepared to do so. Very truly yours, "?- LOUIS HOFFMAN Assistant Attorney General (612) 297-5935 LH:vpd:ke9 cc: Pamela K. Smith Executive Secretary Facsimila (612) 297-2576 • 1DD: (612) 282d525 • Toll Frce Lina (800) 657-3787 (7DD or voice) M Equal Oppottunity Employer Who Values Divasity y,^* Ainted on 50% recycleA paper (1596 post consumer commnQ .?,. STATE OF MINNESOTA vC?? 5T9 ?=. BOARD MAIIJNG ADDRESS 5 133 7ih STREET EAST ???SAINT PAUL, MINNESOTA 55101-2333 1?.. BOARD OF AHCHITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECTURE AND INTERIOR DESIGN November 1, 1994 Lawrence Poppler 3030 Poppler Dr. Eagan, MN 55121 OFFICE OF THE BOARD 85 EAST 7th PLACE, SUITE a160 SAINT PAUL, MINNESOTA 55101 RE: Complaint File #93-095 Against Wayne Cordes, L.S. Dear Mr. Poppler: This letter is being written at the direction of the Complaint Committee of the Minnesota Board of Architecture, Engineerinq, Land Surveying, Landscape Architecture and Certified Interior Design. This is to inform you that at its October 12, 1994 meeting, the Complaint Committee determined that the Board will issue a Public Order with respect to the above referenced matter, within 45 days of the meeting date. If you have any questions you may contact me at 296-2388. Thank you. Sincerely, Pamela K. Smith - Executive Secretary PKS:jr PHONE: (612) 296-2388 • PAX: (612) 297-5310 HEARING IMPAIRED - TWIN CfTV AREA: (612) 297-5353 • OUTSIDE TWIN CtTV AREA: 1-8008273529 AN EOUAL OPPORTUNIiV EMPLOYER STATE OF MINNESOTA OFFICE OF THE ATTORNEY GENERAL HUBERT H. HUMPHREY, III rr.e.riime: 161:? ?14,.6:.)R ATfORNEY GEeERAi, I'.161\IILE: inl]i =?-.?iYJ November 9, 1994 Larry Poppler 3030 Poppler Drive Eagan, MN 55121 Dear Mr. Poppler: Thank you for your letter of October 27, 1994, regazding the complaint you filed with the Boud of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design against Wayne Cordes, L.S. It is my understanding that the Board is preparing to take further action against Mr. Cordes to enforce the Stipulation and Consent Order approved by the Board on July 19, 1994. I suggest that you contact the attorney assigned to this matter, Louis Hoffman, at (612) 297-5935. You may also contact Pamela K. Smith, the Board's Executive Secretary, at (612) 296-2388. Please understand that Minnesota law requires state agencies to follow certain processes before taking action agaiast a person's license. I understand that you feel that this process has taken too long. However, the legal process is often not as quick as one would like. I hope this information has been helpful to you. Should you have any further questions with respect to this matter, I suggest you contact Mr. Hoffman or Ms. Smith. Best regards, ?.?.,.??. ?,?.. HUBERT H. 1 HUMPH Attorney General ks Equal Opportunity Employer . STATE OF MINNESOTA BOARD OF ARCfIITECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE E1RCfiTTECTURE AND INTEFtIOR DESIGN ? In the Matter of Wayne Cordes, L.S. License No. 14,675 STIPULATION AND CONSENT ORDER IT IS HEREBY STIPULATED AND AGREED by Wayne Cordes, L.S. ("Respondent"), and the Minnesota Board of Architecture, Engineering, Land Surveying,. Landscape Architecture and Interior Design ("Board") that without trial or adjudication of any issue of fact or law herein and without any evidence or admission by any party with respect to any such issue: 1. On October 22, 1993, a Notice of Conference with Board of Architecture, Engineering, Land Surveying, Landscape Architecture and Interior Design Complaint Committee was duly served upon Respondent, receipt of which is hereby acknowledged by Respondent; ? 2. On November 16, 1993, Respondent appeared before the Board's Complaint Committee composed of Board members John R. Madden, P.E., Chair; Susan Blumentals, A.I.A.; John E. Swenson, L.S.; M.J. Wiersum and M. Ann Buck, public members to discuss allegations made in the notice referenced above. Pamela K Smith, Executive Secretary of the Board and Judy Jacobsen, Board staff, were also present. Louis Hoffman, Assistant Attorney General, represented the Board at the conference. Respondent was not represented at the conference; 3. Respondent subsequently retained counsel aod, through counsel, presented the Board with a letter dated February 24, 1994, written on behalf of Respondent stating disagreement with the allegations in the above-referenced notice and providing the Board with explanation, argument and documentation in support of Respondent; 4. Subject to approval of this Stipulation and Consent Order by the Board, Respondent expressly waives the formal hearing and all other procedures before the Board ? to which he may be entitled under the Minnesota and/or United States constitutions, i / statutes, or rules; 5. This Stipulation and Consent Order shall constitute the entire record herein and shall be filed with the Board prior to its next meeting; 6. In the event the Board in its discretion does not approve this setdement or a lesser remedy than indicated in this settlement, this stipulation is withdrawn and shall be of no evidentiary value and shall not be relied upon nor introduced by either party. Respondent agrees that if the Board rejects this stipulation and this case proceeds to hearing, Respondent will assert no claim that the Board was prejudiced by its review and discussion of this stipulation or of any records relating hereto. FACI'S 7. Respondent admiu the facts referred to below and grants that the Board may, for the purpose of reviewing the record in paragraph 5 above, consider the following as true without prejudice to him in any current or future proceeding of the Board with regard to these or other allegations: a. Respondent surveyed Lot 6, Block 1, Poppler Homesteads and Outlot F, Eagandale L.eMay iake lst Addition upon the request of Respondent's client as part of the client's application for a building permit; b. At the time of the initial survey, no original monuments of the plat of Poppler Homesteads were located by Respondent. After completing the survey, Respondent became aware of claims by the prior owners of the property to the effect that the original plat of Poppler Homesteads was mismonumented and that the lines of the plat were in a location on the ground other than as depicted by the recorded plat. Respondent subsequently spoke with the prior owners' surveyor, the county surveyor, the client's attorney and others regarding the prior owners' claims and determined that the prior ? owners' conflicting claims were inconclusive in that physical evidence of the original monumentation was not found at the time of Respondent's survey. Also, no Certificate of -2- Correction or other notice of any facu supporting the prior owners' ciaims had been placed ? of record; c. After the claims of the prior owners came to light, Respondent did not issue an updated survey noting the existence of the prior owners' contrary inconclusive claims and the alternate location of the properry boundaries implied by the prior owners' claims. STAT'UTES 8. Respondent does not hereby admit or agree in any way that the facu and conduct speci5ed in paragraph 7 above constitute a violation of Minn. Stat. S 326.11(1992) or Minn. Rules 1805.0100 et seq. (1991). Respondent is, however, willing to enter into this Stipulation and Consent Order as a reasona6le means of concluding the Board's proceedings regarding the allegations made in the notice referenced in paragraph 1 above; 9. Upon approve of this Stipulation and Consent Order by the Board, the Board shall take no further action or conduct further proceedings involving Respondent in connection with the allegations made in the notice referenced in paragraph 1 above or the other facts and circumstances set forth herein. This Stipulation shall not in any way or manner limit or affect the authority of the Board to proceed against Respondent by initiating a contested case hearing or by other appropriate means on the basis of any act, conduct, or admission of Respondent justifying disciplinary action which occurred before or after the date of this Stipulation and which is not directly related to the specific facts and circumstances set forth herein. REMEDY 10. Upon this stipulation and record, as set fort6 in paragraph 4 above, and without any further notice of proceedings, the Board may, in iu discretion, issue an order to Respondent and require him to comply with the following: a. Respondent shall update the survey on the property described in , paragraph 7.a. above by noting thereon the existence of the prior owners' contrary ? -3- inconclusive claims and the alternate location of property boundaries implied by the prior owners' claims, provide a copy of the survey to both adjoining landowners, and provide proof to the Board within thirty (30) days of issuance of this Stipulation and Consent Order; b. For a period of one year from the date of this Stipulation and Order, any survey issued by Respondent involving disputed property boundaries shall be reviewed by a licensed land surveyor, selected and paid for by the Board, and Respondent shall, at the request of the Board or the Committee, meet with the Committee to review any survey reviewed under this paragraph; c. Upon expiration of a period of one year from the date of this Stipulation and Consent Order, the review requirement set forth in paragraph 10.b. above shall automatically terminate without further action required by Respondent or the Board; d. Respondent shall pay to the Board adminisvaave costs in the amount of $250 concurrent with submission of this Stipulation and Consent Order for iu approval. 11. Any appropriate court may, upon application of the Board, enter its decree enforcing the order of the Board; 12. Respondent hereby acknowledges that he has read, understands, and agrees to this Stipulation and Consent Order and has freely and voluntarily signed the stipulation without threat or promise by the Board or any of its members, employees, or agents. When signing the stipulation, Respondent acknowledges that he is fully aware that the Stipulation and Consent Order must be approved by the Board. The Board may either approve the Stipulation and Consent Order as proposed, approve the order subject to specified change, or reject it. If the changes are acceptable to Respondent, the stipulation will take effect and the order as modified will be issued. If the changes are unacceptable to Respondent or the Board rejects the stipulation, it will be of no effect except as specifled herein; -4- 13. Ttus stipulation contains the entire agreement 6etween the parties, there being no other agreement of any kind, verbal or ocherwise, which varies this stipulation. CONSENT: MINNESOTA BOARD OF ARCHITECTURE, ENGINEERING, LANDSURVEYIIdG,LANDSCAPE pRCHITECT[JRE AND INTERIOR DESIG / N-COMPLAINT COMMTI'I'EE ?"?. , .?,.-' L WAYN CORDES, LS. JOHN E. SWENSON, L.S. Respondent Chair Dated: 1994 Dated: 1994 &A,,: Kk;'t-? LOUIS HOFFMAN Assistant Attorney General Dated: I?LN 4?, 23 , 1994 Upon consideration of this stipulation and all the files, records, and proceedings herein, IT 1S HEREBY ORDERED that all other terms of this Stipulation and Consent Order are adopted and implemented this 19th day of July, 1994. MINNESOTA BOARD OF ARCHTI'ECTURE, ENGINEERING, LAND SURVEYING, LANDSCAPE ARCHITECI'URE AND tNTERIOR DESIGN SUSAN BLUMENTAIS, A.I.A. Chair -5- ?. . v 12-7-94 Larry Poppier 3030 Poppler Di• Eagan, Mn. 55121 Jahn Hahenstein Gommunity Development City of Eagan Dear Mr, Hohenstein, The puipose of this ietter is to inform you of the problems and ciamages caused by a land su,rvey completed hy Wayne Cordes of Sigma Land Surveys. Mr. Wayne Cordes sign.ed a stipulation and consent order to rectify a spurious survey of a home lot sold to Mr. Michael Ekblad and Mary Jel.inek. IYtembers of the State Boarc3 of Archii:eciure & Land Survey and an assistant to the Attoxney General of Minnesota wifiessed Cordes' signing of tlte stipulation and con,ent oraer. I have enclosed a copy of the stipulation and consent order as well as cc7pies of varioua state agency follow-up letters indicating that the consent order WILL BE znforced. It is now late December, 1994 and the requirements of the stipulation and consent order have not been fulfilled. The City of Eagan has taken a position of °innocent Uystander" in witnessing an obvi.ous wrongdoing lay a licensed surveyor doing business within its jurisdictian (refer to enclosed letter dated April, 1994). I would like to remind the City of the following facts: 1. Original internal monumentation was rernoved after the property's sa1e; the absence of such monumentation was then presented as part of a. faLse and deceptive claim to additiona.l iand which the Cordes survey included. N 2. Due to the nature of these action, Mr. Lawrence G. Poppler has lost the time value of rnoney aceruing from an adjacenY lot vvhich he could not sell for over xhe past three years because of a variety of dilatory maneuveis by the Ekblad/ ]elinek's lawyer ancl Mr.. Cordes to keep the boundary between the two lots in dispute. At this paint, I seriously questian the city's wisdom in claiming a neutral position in the matter. As a matter of record and as stated in the past, t11e City supervised and co.ntinues to maintain the utilities within the platted road survey done for Lawrence G. Poppler by McLagan & Son surveyors many years ago. How can the City of Eagan officialiy NOT RECOGNIZE the boundaries within which these utilities exist? I request that the City of Eagan seriously examine this issue and reconsider its opinion. Moreover, I auggest that the City of Eagan nat only carefully scrutinize future survey actians of Mr. Cordes but aLso examine the Mr. Cordes survey actions in the City for the past ten years. Ow experience in tlus matter is that clea3• and undue hardship and stress have been inflicted on Mr. and Mrs. Lawrence G. Poppler. Because of the clilatory administrative and legai action of the past three year, my parents hare not been able to settle their estate? cc. i,vuls nviunan asszstant :uurmey general Pam Smit,h executive secretary state azchitecture and land stuvey Owen Sorenson attorney F..0000 SURV!`I & LANO INRORMA710N DBPAqTMCNT t 4955 6nLA%IC AvENUE 6A11Y M. tTCY6NSON, 11.1..6. cov..+v sumeron Uh0 thfqIMA710M OIRrG70A (e+z) e9+•70e7 vAx(ei2) 09+a03+ APPLE vAILEY. MINNESOTA 55124•6579 January 23, 1996 DAKOTA COUNTY Joscph I. Chriatcnaen Attomey at I.aw Snelling, Chriatcnaen & Laue, P.A. Suiu 400 5101 Vcmon Avewe South Minneapolis, MN. 55436 RE: Proposed plat ofPOPALER HOMESTEADS NO. 2 Dear Mr. Christcnsen, I take exceptioa to many points iit youc lettex tiated Jattuary 22, 1996 and strongiy disagrcc with your argnmcnta. Firat, The locarion o£the boundaries of the proposed plas are not "besed on the thoory that boundaries of the origina! POPPLER HO1vOSTEADS plat were mis-monumented in the 5eld", but the bounderia AE!+ besed on fact supponed by professional land aurveyors. FACT: The record plat of POPPLER HOMES'1'F.ADS shows an intccior angle of 89 degrees 37 minutes at the northwest wmer of the plat, which is the nonhwest wrner of the Nortbeast Quarter of the Nonhwest Quarter of SecUon 10, To.mship 27 North, Range 23 wcst. In reality, this interior angle ia 90 degrees 27 minutw 27 seconds aa detennineei by this office in the process of perpetuating the originel PubGc Land Survey cornus of said Section 10 and the propa subdivision of aaid Section 10. 2his angle is confirmcd by both the Sunde and McGin(ry survays. MathemstiuJly, this difl'uence in anglea at the noRhwest corner unounts to approxinwLely 17 feet at the southweat corner of the plat. The Cordes survcy haa no tie w the seciion line or the wcst line of the plat of POPPLER HOMLSTEADS end thereforc does not sGow this discsepancy. FACT: Iron monumanu found by both the Sunde and McGinlry wrvey conficm the angular differwue bctween the record descripdons and the angle showa on the record plac of POPPLER HOMESTF.ADS. 'I3iuefora, the roonuments found fit the rocord pkt as depicud on the dcawing. Second, I don't bdiove you are in a pwidon to quecdon the claim of found monuments by both the 5unde and the McCiinlcy :urveys. Both wrveyore are well respccted yrofwsionals and 7 trust thpr field Rndtngs. The momimenis found may not be ahoWn on the rocord pia; but do fit the tot cornen of the piat. ,.n eowu wroe,uM,? awtiuvrr ? •? Third, in rcferring to the Sunde and 5oukup atRdavit, of eoursc tho record dewriptions of the two plate, POPPLER HOMESTEADS and EAGANDALE LEMA?' LAKE iST ADDI770N are in harmony. There would not bo the problem of boundary locstiva if they wao diffuoni, it would a legal dwwiption probfem inatcad• ' Foucd,the overlap of the POPPLER HOIvESTEADS plat beyond its legal deseriptiun w the east ia of course refared to by the occupation line which was eaused by the angular ator st tho northwwt wrner of the plst. Mr. Sunde's plat of F.AGANDALE LEMAY LAKE 1 ST ADDITION ahowa this occupsdon area ptatted as Outlota A throush F snd wus so piuttrd to allow deedb w lx isssucd •lo the adjoiiung ownera ta wtncdy relate the occupied Imids uid correct the record, tlws giving the occupying ownero titie to their occupadan. Irdth, I beiieve it ia s well held standard that if tha axtemat boundar3w of a plat arc found to be in uror, the ituerior boundaries of the plat dcriiung lots md att+octs aro not affectad. In my opinion, your unresolved questione are not Uased in fact or law, but on a survey perFormr.cf by Mr. Cordes that ignored boUi Uie record evidence of the original plat and Sdd evidence of its originapy staked boundary. Instrxd, tiie Cordes suivey moved intcrior ' boundaries from thcir originat location. Aa I esated on the tdephonq I will accept the proposed plat ofPOPPLER HOMESTEADS Nd. 2 as survcycd by W. McGinley when it is submitud for checking and filing iu a correzt repreaentation of the bounderioa. Sincerely, ???• ` `i"i?.,-.r-.1 fC,ery Ii. Stevenson Dakote Coum.y Surnyor ee: Pwl L McGitiley, Lsnd Survcyor M'i{ro ging, A,saistant County Attorney *dtV oF eagan THOMASEGAN Moyof PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Counen Members THOMAS HEDGES Ctty Atlminislwtor December 8, 1994 LARRY POPPLER 3030 POPPLER DRIVE EAGAN MN 55121 Dear Mr. Poppler: E.J. VANOVERBEKE CiN Cletx This latter is in response to your letter of December 7 relative to the lot line dispute between your parents and Mr. Ekblad. Since we last spoke, Peggy Reichert has assumed the responsibilities of Community Development Director and I have returned to my position as Assistant to the City Administrator. As such, I will be forwarding you correspondence to her together with an explanation of the background as I recall it. Any future correspondence relative to this matter should be coordinated through her. The attachments to your letter included correspondence from our City Attorney's office dated April 11. To my knowledge, no discussion of this matter has occurred since then. As Mr. Dougherty indicated in that letter, the City empathizes with the situation you are dealinq with and we hope that you can bring about some resolution in the near future. As noted above, I will be passing your letter on to Ms. Reichert. Sincerely? (0n Hohenstein Assistant to the City Administrator cc: 'Peggy Reichert, Community Development Director ? Mike Dougherty, Assistant City Attorney JDH/Vmd MUNIGIPAL CENTER $830 PILOT KNOB ROAD EAGAN, MINNESOiA 55122•1897 PHONE: (614) 681-4600 FAX:(612) 681-4612 TDD: (612) 454-8535 iHE LONE OAK TREE THE SVMBOL OF STRENGTH AND GROWTH IN OUR COMMUNIIY Equal Opportunlty/Affirmatlve Actlon Employer MAINTENANCE FACILITY 3501 COACHMAN POINi EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAl(: (614) 681-436G TDD:(012)454-8535 MEMO TO: COMMUNITY DEVELOPMENT DIRECTOR REICHERT FROM: ASSISTANT TO THE CITY ADMINISTRATOR HOHENSTEIN DATE: DECEMBER 8, 1994 SUBJECT: POPPLER-EKBLAD LOT LINE DISPUTE I believe you have previously been copied on correspondence relative to this matter. Mr. Poppler's parents sold a lot to Mr. Ekblad and, since that time, have disputed the common lot line as a consequence of a survey prepared by Wayne Cordes. The City's position has been that the correction of that error is between the Popplers, Mr.Cordes and Mr. Ekblad. Mr. Poppier is frustrated with the time it is taking for the issue to be resolved. Jim Sturm and Mike Dougherty have both worked on this issue in the past. Hopefully, they can fill you in on any details I've omitted. Attached you will find a copy of Mr. Poppler's correspondence. I have also copied you on a letter to him indicating that you are now the Director of Communiry Development. Mr. Poppler may or may not pursue this matter further with the City. QMIL6? Assi rrt to the City Administrator Attachments JDH/vmd 2-13-95 Mr. Jim Sturm Community Devopment City of Eagan 3830 Pilot Knob Rd. Eagan, Mn. 55122 RE: Poppler Homesteads #2 Dear Jim, Please consider this letter a request of the City of Eagan to reinstate the pTatting project as stated above. We anticipate that the platting process could be concluded very soon and wish the project could go ahead as early as possible. If you have any questions regarding this matter, kindly let me know. 8-5-93 Jim Stumi Cummunity Development City of Eagan RE: In reference to letter dated 7-11-93 enclosure Mr. Ekblad ha.s done massive excavation an his property without a permit and inspection. I would ]ike to repeat the conceiTis of the enclosed letter and also add someth'tng. The large amount of fill (at least 100 dump h-uck loads ) was in the form of class 5 road grade quality. This type of material doesn't absorb moisture and makes moisture run off Add that to the runoff from the 30x30 garage and it appears that the water drainage will go onto the adjacent lota. VJhat can be done about these concems? \ ? 7-1i-93 Jim Sturm Community Development City of Eagan RE: The need to monitor the ehcavating of lot 6 by Mr Ekblad When Mr Ekblad obtained a perntit to build, he was allowed some discretion on gracling around the new bitilding. He has done major excavating by hauling at least 150 to 204 dump truck loads of soil to raise his ground level. This activity has prompted the following concerns, which warrents inspection and monitoring. 1) SOIL EROSIOIN to pass on adjouung property ( lot #5) 2) WATER DRAINAGE too burdenseme on lot #4 and #5 to causP heavy su.rface water drained from Mr Ekblad's prQperty. 3) E_XTRA SOIL was put on his east boundary and on the west slop of Lamay Lake properly ( ie: ihe west side of their berm). This may cawe proUlems in khe fuhue because Mr Ekblad has placed signs on the top • of the berm ( Lamay Lake Property) and perhaps t.hru usage over a period of kune gaui extra footage by adverse possession. 4) MASSIVE EXCAVATION MAY DESTROY TFE PROPERTY MARKER ON THE SOIJTHEAST CORNER (]F LOT 5. On the west side of his lot this same activity took place and some origvial monwnents for outlot A ace lost or destroye.d. Mr Bkblad HfLS DONE EXCAVATION EXTENSIVELY WILTHOUT A PERMIT BY THE CITY. 4) The extra garag,e permit khat was acquired w-ikh khe house pemut has in effect HAS E}PIRED. According to the city rules, pernuts are goad for only 6 months. He should reapply and pay the fee. If its any other way, then some could literallybuitd a foundation for a home and live there while it is "being buildt". I feel all these issues need to be addressed and conected. Could you pass khis notice on to the proper departments and inform me as to its grogress? Respectfully, Latry Poppler • 3030 Poppier Dr Eagan, Mn. 55121 F 0-12-93 Jim Stcum Communiry I7evelopmen.t Gity of Eagan RE: lveighborhood Concems S'Tc?RAGE OF EARTH MOVING lUizkCHIIvES AND EQUIPMTNT ZONED RESIDENTIAI. People ivha have this type af equipmenl have a tendency to store this equipme.nt at their home if they can pvssihly dv sa. This rnay save storage fees for them, hUwever, this gractice has a negative affect for property va3ue and rFsa1P appeal. This ctPstrnys the, e5fhetic naTure ot a residencial neighborhaad, Does anyone want. to 2ive nsxt: io oaersized c.ommercial vehicIzs and equiplnent. Cunsequentl>r hnrne equitiry sut'fers. Michael Ekbtad has stag7ed that process. '4'ou can see the results trom other locations. As you can see from pictures that ;-ou requested, it isn't too impressive. i'm requesx?ng that the ordinance f??r this commercial eyuipment be enforced. INGRESS AND F'C=RESS c7F COMME12CTAl:, EARTH MOVINC's EQiJIPMENT (enclosed are a few phUtos) r1) This has happened ccjntinausly over the lveekends and eSTenings ie; the reason that yotz requested Ijhatos. 'Ms person is doing cornmercial work with storage on a residence zoned hornestead. tvloney wouldn'i be tied up in that amount of equipment unless it was used to make incaney. 'I1tis peison is in the e,aavating business at least part-time. Lately, at ciusPc or dark he has been w•imessed bv 2people on different occasions to clrivu ihese machines then (Sept. ?th --830 PM drove zubber tired bac.khop tractor loatle.r arid on Sepl. 11. 2993 --drove bobcaC type) Both times no lighis and on the 9iclewa3k aic3ng Lone Oak i°oad.. TF(la IS NOT LEtJAL. $j 5everal times Vfr Ekblad has backect his dump truck Fvith the attached longbed trailer dUwn Foppler .Lane and on to Lcme Oak Road. There is a SAFETY C;ONCERN te ileai with here. Poppler Lasie is nat a tttru street so he cannot turn around uruess he drives on private properiy. Vvlien he had some blocks delivex-ed to his lot, he had Etis mother instruct tlie drivzr to putl rcext to m5' father•s' home sa he cou3d 1?ack on tc+ his ovrrn claiveway and eatit fonvarcl down the street. How would you like to have an 18 wheeter on your side tawn? Iie was tU1d not to do that. Sa ccynsequently he does the total backap .•cute. His Iat anri the dead end type street are not des.igneci for continuaus movenient of that type of eqtiipment. WA'T'ER DRAINAGE "I'he water drainage trom the no.rtll side of the house on lot 6, the propased gax-age and a large pait of the north side of lot E appears to rap around the retaining vvall and on to lot 5. This caulcl be a real prablem w?th heaarv riownpours likc we have experit-nceci. The overa}1 azc,a of the runaff i5 estXmated at around 4000 to 5000 squaxe fcet. As mentionecl ui the previous letters, exha till was brought in to raise the lot ].evel considerably. `fhe extensiEie e5.cava:icn was done without permits and inspeii:ions. My fathers surveyoz•s "shot" the landscape o£ the lU# before he cleveloped the properh'. '1`HERE NEEDS'TO BE SC)ME ASSUR.ATvTCES ABOU'I' THE Vv A'I'ER Rt3NOFF. When Mr Ekblad applied for a permit: to biiilcl the additional garagw, he said that it rvatld 1?e for storage. Since that building permit has expired and thei°e is still no building, the city „hould iook into the teasibilitv of it for renewal. Even if he built fhe "siorage" gau•age; the buildulg may not: he h_igh enough to place his dumP tnack, ( as I understand, the garage canrnot be ltigher than the residence) He already has a 3 car $arage with a basement. IS THE EXZ'.RA GAF. AGE FOR STORAGE OR FOR COMMERCIAL t1SE99?? Please evatuate these concerns. These issues have nothing to do with the owner persanally, bui I'm questioning his activity and how it relaies to the neighborhnad, Mr Ekblad has a hne home and I wish him well. Sincerelv Larry Pappler 5-2•95 Doug Reid Licensing and lnspections City of Eagan R??EN cD Ily 0 2 1995 RE: Expiratioa of building permit for separate garage for Mr. Mlichael K. Ekblad. The above person applied for a garage permii over 3 years ago. It has been at least 2 years since any work has been done to finish this structure. I have read the ordinace an this and permits are issued for a 6 mouth period. Any renewal requires approval and permit fees. I am requesting that your depaz(ient take a serious took at this. Listed below are some of the neighborhood concerns. 1) Water runoff from the proposed building and stuounding parking area on W the adjacent lot. 2) Cammercial usage of the buitding. The owner already has a 3 car stall garage with a basement. (equivalent to 6 stall space) 3) Ingress and egress of commercial earth moving vehicles in a area zoned residential. 4) Excessive storage of excavating equipment outside of separate garage. 5) Over 200 dump wck loads of fill were brought in without any permit or inspectiions by the city. Any other pmject in the city would have required peimits, inspecrions and a landscape plan. Also enclosed is some documentation sant in 1993 concerning the above issues. I would like to request a cease and disist of now y fiuther progress on this building. When a new permit is i rhood input should be involved with some restrictions. Any other approach couid have some serious problems regarding its usage and purpose in the future. The permit was obtained on and for residential but has some potential applications for commercial usage. developnent ' city oF eagan THOMASEGAN Moyoi May 10, 1995 PATRICIA AWqDA SHAWN HUNTER SANDRA A. MASIN Michael Ekblad THEODORE WACHTER CouncilMembers 3070 Poppler Lane Eagan, Minnesota 55121 THOMAS HEDGES citYAdminlslra,ot E. J. VqN OVERBEKE City CIaIk RE: Code Violation at 3070 Poppler Lane Mr. Ekblad: The City of Eagan continually monitors health, safety, and aesthetic standards by monitoring land use requirements set by City Code. Section 11.20, Subd. 5. A. does not allow outdoor storage of commercial trailers, building materials, or equipment in residential districts. The commercial trailer and any building materials and equipment located on your property must be removed within ten (10) days of the date of this letter. Also, if work is to commence on the garage, a new buitding permit will be required since the project has been inactive for more than six months. Contact the Building Inspections Division to obtain the permit. If you have any further questions regarding this matter, please call me at 681-4685. Thank you for your cooperation. ?incerely, ? k Mike Ridley Planning Division poppler.307 MUNICIPAL CENTER 3030 PIIOI KNOB f70AD EAGAN. MINNESOIA 55122.1897 PHONE: (612) 681-4600 FA%: (612) 68I-4612 TDD: (512) 450-8535 THE LONE OAKTREE THE SYMBOL OF STRENGTH AND C'aROWtH IN OUR COMMUNIN Equal Opportunlty/AffllmoBve Actlon Employer MAINTENANCE FACILITY 3501 COACHMAN POINf EAGAN. MINNFSOTA 55122 PHONE: (612) 68I-4900 FAX: (612) 681•4360 iDD:(612) 054•8535 ?? ??(a ¢? - ? o Co . ' kdtV oF eagan ?? P*4ze-c- THOMASEGAN MaVOr 24 Ma 1995 PATRICIA DA , y SHAWN HUNTE SANDRA A. MASW . THEODORE WACHTER Council Memhers MR MICHAEL EKBLAD THOMAS HEDGES Ciry Administwror 3070 POPPLER LANE OVERBEKE VAN EAGAN MN 55121 c?N Ca Ak RE: 3070 POPPLER LANE BUILDING PERMIT #19183 DATED 615191 Dear Mr. Ekblad: This letter will serve as a follow-up to the letter you received from Mike Ridley, Project Planner, dated May 10, 1995 in which you were advised that the above-referenced building permit has expired. On May 23, 1995 I made an on-site inspection and it appears that no work has commenced on this site during the past six to twelve months. You will, therefore, be required to apply for another building permit to complete construction of the garage. , Please keep me apprised on this matter. Thank you for your cooperation. Sincerely, William Bruestle Senior Inspector WB/js cc: Doug Reid, Chief Building Official MUNICIPAL CENTER 3830 PILOi KNOB ROAD EAGAN. MINNESOtA 55122-1897 PHONE: (612) 681-4600 FAX:(612)601-4612 iDD:(612) 454-8535 THE LONE OAK TREE THE SVMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal OpporiunitylAffirmative Actlon Employer MAINTENANCE FACIIRY 3501 COACNMAN POINi EAGAN. MINNESOTA 55122 PHONE: (612) 681-4300 FA%:(612) 681-4360 iDD:(612) 454-8535 AdMIL ' city oF eagan May 24, 1995 MR LARRY POPPLER 3030 POPPLER LANE EAGAN MN 55121 RE: EXPIRATION OF BUILDING PERMIT #19183 3070 POPPLER LANE . Dear Larry: THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES Ciry Adminisfmiar E.J. VANOVERBEKE CIN Clerk Your letter of May 11, 1995 expressed concern that the City of Eagan has not enforced the expiration date of building permit #19183 issued on June 5, 1991 to Michael Ekblad for construction of a detached garage on his property. For your information, I am attaching a copy of a letter dated May 10, 1995 to Michael Ekblad regarding this matter sent by Project Planner Mike Ridley. On May 23, 1995, a follow-up inspection by our Protective Inspections staff disclosed that no work has commenced at this site other than installation of a foundation. Foilow-up inspections will be made at this site to insure that construction activity does not occur without the proper permits. Further concerns regarding this matter should be addressed to Chief Building Official Doug Reid at 3501 Coachman Pointe. Sincerely, Tom Hedges City Administrator TH/js attach. cc: Doug Reid, Chief Building Official William Bruestle, Senior Inspector MUNICIPAL CENTER 3830 PIIOi KNOB ROAD EAGAN. MINNESOiA 55122-1897 PHONE: (612) 681 -4600 FAX: (612) 681-46I2 iDD: (612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opporfunlty/Attirmative Actlon Employei MAINTENANCE FACILITY 3501 COACHMAN POINi EAGAN, MINNESOTA 55122 PHONE: (612) 681-4300 FAX:(612) 681-4360 iDD: (612) 454-8535 ' THOMASEGAN Mayor May 10, 1995 PATRICIA AWADA SHAWN Hl1NTER SANDRA A. MASIN MICf18@l EkblBd THEODORE WACNTER Councaenemteis 3070 Poppler Lane TNOnnns Heoces Eagan, Minnesota 55121 cIwnamniamia E. J. VAN OVEHBEKE Clly CI6ik RE: Code Violation at 3070 Poppler Lane Mr. Ekbtad: The City of Eagan wntinualiy monitors health, safety, and aesthetic standards by monitoring land use requirements set by City Code. Section 11.20, Subd. 5. A. does not atlow outdoor storage of commercial trailers, building materiats, or equipment in residential districts. The commercial trailer and any building materials and equipment located on your property must b,e removed within ten (10) days of the date of this letter. Also, if work is to commence on the garage, a new building permit will be required since the project has been fnactive for more than six months. Contact the Building Inspections Division to obtain the permit. If you have any further questions regarding this matter, ptease call me at 681-4685. Thank you for your cooperation. Mike Ridley Planning Division poppier.307 MUNICIPAL CENTER 3830 PILOI KNOB ROAD EAGAN, MINNESOfA 55122•1897 PHONE: (612) 681•4600 fAX: (6I4) 68I-4612 IOD: (612) 454•8535 THE IONE OAKTREE iHE SYMBOL OF STRENGTN AND GROWTH IN OUR COMMUNITY Equol OppOhunlty/Ailirllwtlva Ac1bn Employer MAINTENANCE FACILITy 3501 COACHMAN POINI EAC,AN. MINNESOIA 55122 PHONE: (612) 6tll•4300 fAX: (012) 68I•4360 IDD: (612) 454•11535 ADMINISTRATION Tom Colbert, Public Works Holly Duffy, Adminisuadon Pat Geagan, Police Jon Hohenstein, Adminisuadon Dale Nelson, Fire Diane Palmersheim, Admin. Sectetary j? Peggy Reicbert, Community Development Joanna Foote, Recycling/Comm. Coord. Gene VanOverbeke, Finance Kristi Peterson, MIS Ken Vraa, Pazks & Recreation Mike Reardon, Cable Jim Sheldon, City Attomey Admin. Intem . S ? . .?.,._ w..,. °A4--x- 5-11-95 Thomas Egan ivrayor city of Eagan RE: Expiration of building permit for separate garage for Mr. Michael K. Ekblad The above person applied for a building pennit for a detached gmge on June Sth, 1991. The ordinance far the permit allows 6 mond?s completion or else a new permit with a fee must be renewed. As mantioned in the enclosed material, work has not been done for over 2 years. The footings and blocks were done in 1991. Nodhing was done since. My coacein is that there is already a 3 stall large garage attached to the residence which has a basement for entering machinery on the east side. The current garage is equivalent to a 6 car unit. It therefore seems logical that an additional detached garage has some potential applications for commercial usage. At this point, the people that issue the permits do not want to enforce the expiration issue on this p;r. Why En osed is a copy of the rules for this issue. Also, I would hce to request that in order to renew a permit, a carefW review should be done with appropriate restric6ons, inspection, landscape and water runoff issues xidressed. your auention on this matter. 454-8906 Enclosed: Letter sent 5-2-95 Letter sent in 1993 Building pernut Regulations 5-2-95 Doug Reid Licensing and Inspections City of Eagan RE: Expiration of building permit for separate garage for Mr. Mlichael K. Ekblad. The above person applied for a garage permit over 3 yeazs ago. It has been at least 2 yeazs since any work has been done to finish tius structure. I have read the ordinace on this and permits are issued for a 6 month period. Any renewal requires approval and permit fees. I am requesting that your deparhment take a serious look at this. Listed below are some of the neighborhood concerns. 1) Water runoff from the proposed building and surounding parking area on to the adjacent lot. 2) Commercial usage of the building. The owner already has a 3 caz stall garage with a basement. (equivalent to 6 stall space) 3) Ingress and egress of commercial earth moving velucles in a area zoned residential. 4) Excessive storage of excavating equipment outside of separate garage. 5) Over 200 dump truck loads of fill were brought in without any permit or inspections by the city. Any other project in the city would have required permits, inspections and a landscape plan. Also enclosed is some documentation sent in 1993 concerning the above issues. I would like to request a cease and disist as of now on any further progress on this building. When a new permit is issued, neighborhood ittput should be involved with some restrictions. Any other approach could have some serious problems regarding its usage and purpose in the future. The permit was obtained on and for residential but has some potenrial applications for commerciai usage. Sincerely, Larry Poppier cc: comm velopment ?? 'R ? CITY OF EAGAN 3830 Pilot Knob Road, P.O. 8ox 21-199, Eagan; MN 55121 PHONE:454-8100 / BUILDING PERMIT Receipty? 7o be used for DETACHED GARACE Est. Value Stg'000 Site Address 'AnII POPPL-ER ?.AT':°, Lot 6 Block 00 Sec/Sub. -POPPI.ER ROP165TE, Parcel No. w Name MI"HAEL EKb1.AI)/M.AR'f o Address 3055 EAGAHDALE PL City _ EAGAh Phone 687-9831 . o Name EkB1AC WtdTRAC'LlNC zu a AddreSS 2850 PI.IAT [CmB RD ? City EAGAN Phone 456-3113 ? ww Name ?? Address <? City Phone Qxupency _ Zoning _ (Aduai) Cortsl _ (uwwaeie) - / of5lories Length X_ oeoN 33- S.F. Total 490 S.F. Footprints 40 On Site Sewage _ on Sile well _ MWCC 5yslem _ Giy Water _ PRV Repuiretl _ ?.w, . ? FEES BIdg.Permil =162.00 surcharye 7.50 P1an Review . 105.00 snc, ci,y SAC,MCWCC Water Conn Waler Me1er Acci. Oeposit S/W Permit I nereby acknowlege thal I have read ihis application and slate that Ihe Boosler Pump - S/W gyrcharge information is wrrect and agree lo wmpty wiN ail appliwDle State of . M•nnesota Statutes antl City W Eagag-Ordinance;. Treatmenl PI . : %'./: . . ? . Signawre of Pe;mitee ! ?%'f! AGPROVALS Road Unit . A Bui!ding Permit is issuetl to: EKBIAD /'roNTRA:TING Planner - park Ded. on the ezpress contlition that all work shall be done in aecortlance with all Co+^cd - applicable Sfare of Minnesota Stalutes antl Ciry of Eagan Or6inences. gldg, pry, _ CoPles BuildinyOryicial c f variance _ TO7AL f274.50 -",--? S 'lrie Issuance ui a pcuw. oee......r.... not prevent the building official from thereafier rcquiring the correction of errors in said plans, specifications and other data, or from preventing building opera- tions being carried on therounder when in violation of this code or of any other Expi . very permit issued by the '' officia] under the provi- sions of'this code shall ezpire by licnitation and beco null and void if the building or work authoriud by such permit is not commenc within 180 days from the date of such perm:t, or if the building m work authoriu such permit issuspendedorabandonedatanytimeafiertheworkiscommrnced aperiodof 180 days. Beforc such work can be recommented, a new permit sh 11 be first obtained to do so, and the fee therefor sha116e one half the amount req ' d for a uewpermitforsuchwork,providednochangeshavebeenmadeorwill madein the original plans and specifications for such work; and provided furthe that such suspensionorabandonmenthasnotezceededoneyear.Inordertom actionon a permit afta expiratian, the permittee shall pay a new full pet ' fee. 'ttee holding zn unexpired permit m or an extension of the ume within wht e r under that permit when he is unable to 10 7988 EDITION 303-304 wmmence work within the time required by this section for good snd satisfactory 7easons. The building official may extend the time for aMion by the permittee tor a period aot exceeding 180 days upon written request by the permittee shawing diat cucumstances bryond the convol of the permittee have prevrnted action from , being taken. No permit shall be extrnded more than once. (e) Suspension or Revocatlon. T'he building official may, in writing, suspend orrevoke a permit issued under the provisions of this code whenever the permit is issued in ertor or on the basis of incornct information supplied, or in violation of t C any ordinance or regulation or any of the provisians of this code. ? Fees Sec. 304. (a) General. Fees shall be assessed in accordance with the provisions of this section or sAall be as set fonh in the fee sc6edule adoored hv th' inr;Qlir- 10- t'2-93 3im Sturm Communit,y Development City of Eagan RE: Neighborhood Concerris STORAGE OF EARTH 1VIOVING MACHINES AND EQUIPMENT ZUNED RESIDENT'IAL People who have this type of ecluipment have a tendency to store this equipment at their homa if they can possibly do sa. This may save storage fees for thzm, however, this practice has a negative affect for propertv value :mdS:1L ?,??;??troy&jhv esthetic nature of a Does anyone want 5epfrrr.ciat vehicles and equipment. Consequently home equitit?? suffers. Niichael EkUlad has startzd that process. You can see the results frorn other locations. As you can see from pictures that yau re(luested, ik isn't too impressive. that enforced. equipment t,e INGRI:SS ANll EURESS C?F COMMERCIAL EARTH MOVIN(J EQLJIPA-1ENT (enclosed are a faw photos') A) This has happened conrinousty over the weekends arid eveivngs ie; the reason that you requesteci photos. This person is doing commerciat worl: with storzge on a residence zoned homestead. Money wouldn't he ticd up in that arnount of equipment unless it was used to make money. This person is in the excavating busirtess at least part-time. Lateiy, at ciusk or dark he has been w7tnessed by 2 people on ditTerent occcasions to drive these machines then. (Sept. 7th --8:30 PM drove ruUber tirzd b;:cl:hoe tractor loader and on Sept. 11,1993 --drove Uorcat ty-pe) Both times no lights and on rhe sidewalk along Lone Oak road. THIS IS NOT LEGAL. % . +? ? .. B j Several time5 iN4r Ekbl:ad h.» backed his dump truck with the attached longbed crailer down Poppler Lane and on to Lone Oak Roacl. There is a SAFGTY C4NCERN to deal svith here. Poppler Lanr is not a thru street so he cannat tum areund unless he drives on private property. LV'hen he had yome blacks delivered to his lot, he had his mother instruct the driver to pull next to my fathers'home so he could back on to his own driaew-ay and exit forward down the street. How xrould you 1ike to have an 18 tiyheeler on your side iaurn? He was told not to do that. So consequently he does the totai backup route. His lot anci the deacl end t_ype street are not desi%zned for continuaus type of aquipment. '. r,R DRAIN??cJE ' The v?ater drainage &am t orth aide of the house on iot 6, the propnseci gai:? ?? a ar?e plrt of the tlotth sidz of 1Gi o ap3ea?s iu rap aroiind the reiainina wall ana on to lot 5. Tius cauld be a real proUiem wiih heavy ciownpours ?ke we have c?peri.? . e overa arca c?f the runof? is estimat?d at around 4000 to SOQO , iare feet A.5 mer.tioned in the pre?7 5 ee*_?s, extra till was brought in to i?aise the 1ot level considerably. The extensive excavation was done without peimits anc3 ins e' fathers suneyors "shot" the lan capz o e ot ciure he det=elopeci the propert_y. THERE NEEDS TO BE SOME ASSURANCES ABOLJJT THE W"ATER RUNOFF. N'sfhen Mr E4blad applied tor a pe:mit to build the additional gaarage, he said thst ;t :vould be for starage. Since that buildinj pertnit has expirec' vid thare is still no buiZding, the city- sliouid look into the feasibility of it for renecval. Even if ne built the °storage" garage, the buildine may not be high enough to pla.ce nis dump tl?ick. ( as I understand, the ?at?abe cannot be higher than the residence) He already has a 3 car garage with abasament. IST.-IE E:YTR.-1 GARAGE FOR STURr1GE OR Ft`R COM1•IERCIt?1. USE".,?., J' Ylease evaluate these concerns. "Ihese issues have nothina to do with the owner personally, but I'm questioning his activity and how it relates tc the nei;hborhood. Nir Ekblad has a fine home and I wish hur well. Sincereiv Lairy Papplex ADNHMSTRATION Tom Colbert, Public Works Holly Duffy, Administration Pat Geagan, Police Jon Hohenstein, Administration Dale Neison, Fire Diane Palmersheim, Admin. Secretary Peggy Reichert, Community Development Joanna Foote, Recycling/Camm. Coord. Gene VanOverbeke, Finance Kristi Peterson, MIS Ken Vraa, Parks & Recreation Mike Reardon, Cable Jim Sheldon, City Attomey Admin. Intern r C,<) e? ? Q37? O-V?-j ?(tZ N" ? 6-7-95 City of Eagan Community Development Attn: Mike Ridley RE: Outdoor storage of commercial trailers by Michael Ekblad I received a copy of your letter sent to Mr.Ekblad on May l Oth. For your records it is almost one month and the commercial trailer is still in outdoor storage in a residential district. This person may come up with a grade school excuse that he didn't receive notice or that he is being picked on. However, the real heart of the matter is that he wants to set a precedent so that eventually the area will always allow ungaraged commercial trailers, building materials and equipment. Thank you for looking into this matter. Since ly, , ? L Po -? i i S i e cc: Doug Reid Tom Hedges Tom Egan ?' 0 J'? N p{ City of Eagan Municipal Center i, 3830 Pilot Knob Rd. I Eagan, Mn. 55122-1897 +_ ..'..n-.. ._' ..?.?"?.' ; ? ... us+G ?___ ...,_...._? ?leJ 411l'icitV oF eagan PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Councll Members MUNICIPAL CENTER THE LONE OAK TREE MAINTENANCE FACIIITY 3830 PIIOT KNOB ROAD THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITV 3501 COACHMAN POINT EAGAN, MINNESOiA 55122-1897 EAGAN, MINNESOTA 55122 PHONE: (612) 681-4600 PHONE: (612) 661-4300 FAX: (612) 681-4612 Equal Opportunify/Afflrmatlve Action Employer FAX: (612) 681•4360 iDD: (612) 454-8535 TDD: (672) 454-8535 E.J. VANOVERBEKE Ciry Clerk Poppler Drive Thank you far taking the rime to meet with me on May 23, 1995, regarding the above referenced matter. As we discussed, I have reviewed City records and spoken with appropriate staff relating to the issues raised ia your letter to Doug Reid dated May 2, 1995 (enclosed). I also met with Michael Ekblad regarding my letter to him dated May 10, 1995 (enclosed). in your letter have Storm water run o('f/filJ broueht to site. The building permit for 3070 reviewed by the City's Engineering and Protecrive Inspections Divisions i Recer.tly, an Engineering staff person again reviewed the survey and made cther things, issuing a building permit requires review and analysis by t Division of the proposed storm drainage pattem based on the existing and provided on the Certificate of Survey. The Engineering Division believes the home was built as proposed and that storm drainage is adequate. Fill brought to the site to develop the property as depicted on the Certificate of Survey submitted for the building permit does not require a sepazate permit. Commercial use of Pronertv/commercial equinment storage As we discussed, Larry, commercial operarions and commercial equipment storage are not allowed uses in the R-1 Zoning District. I have discussed this issue with the Mr. Ekblad and he has assured me that the trailer stored on his property is for his personal use and that there will be no commercial operarions at this property (unless the business conforms with the City's Home Occupation Ordinance or the City has issued a permit for work on the site). Building permit The City has informed Mr. Ekblad that the building permit issued for the detached garage has to be renewed before any further work can commence on the garage (Mr. Ekbtad renewed tlie building permit on June 26, 1995). As we discussed, Larry, at the building permit stage of development, the appiicant is required to meet specific performance standards (e.g. setbacks) in order for the City to issue the building permit. The City cannot deny a building pemut based on what the building mav or may not be used for. What the City can do, and has done in this case, is to make sure the property owner is awaze of uses that aze permitted in a particular Zoning District. I believe this letter responds to all of your concems, Larry. If you have any questions please contact me. Thank you again for your rime. Sjnce?ely, /I •/.. Mike Ridley Planner cc: Tom Hedges, City Administrator Doug Reid, Chief Building Official s-2-9s Doug Reid Licensing and Inspecrions City of Eagan MAY U 2 1995 RE: Bxpiration of building permit for separate garage for W. Mlichael K. Ekblad. . The above person applied for a garage permit over 3 years ago. It has been at least 2 years since aay work has been done to Snish this sfitcture. I have read the ordinace on this and permits are i.ssued for a 6 month period. Any renewai requires approval and peimit fees. I am requestin8 that Your depaitment take a serious look at this. I.isted below are some of the neighhorhood conc,erns. 1) Water iunoff fiom the proposed buildiag and swound'me Parian8 area on to the adjacent lot. " 2) Commercial nsage of the building. The owner already has a 3 car stall Sarage wiW a bascanent. (equivalent to 6 stall sPace) 3) Ingress and egcess of commercial earth maving vehicles in a area zoned resicientiai. 4) Exvessive storage of excavating equipment outside of separate gacage. 5) Over 200 dump tcuck loads of fili werc brought in without any permit or inspections by the city . Any other project in the city would have required Permits, inslmdons and a landscape plaa. Also enclosed is some documentation sent in 1993 conceming the above issues. I would hke W request a cease and disist of now y fiuther ?ogress on this bw'Iding. When a new permit is ' rhood inpwt shoutd be involved with some remctions. Aay other approaeh could have some serious problems regarding its usage and purpose in the futttre. The permit was obtained on and for residential but has some potential applications for comtncrcial usage. development ,. ' city oF ecigan b"B . iNOMASEGAN May 10, 1995 MGM PATRICIA AyyADA . SHAWN HUNTER , SANORA A. MASIN Michael Ekblad ? DMRACHTER 3070 POppI81' LBn@ Eagan, Minnesota 55121 THOMAS HEDGES cifYAamr,,,,,a . E. J. VAN OVERBEKE Citv Gelt RE: Code volation at 3070 Poppler Lane Mr. Ekblad: The City of Eagan continually monitors health, safery, and aesthetic standards by monitoring land use requirements set by City Code. Section 11.20, Subd. 5. A. does not aUow outdoor storage of commeraal trailers, building materials, or equipment in residential districts. 7he commerr:lal trailer and any buiiding materials and equipment tocated on your property must b,e removed within ten (10) days of the date of this Ietter. Atso, if work is to commence on the garage, a new building permit will be required sinca the project has been inactive for more than slx months. Contact the 8uilding Inspections Division to obtain the permit If you have any further questions regarding this matter, please call me at 681-4685. Thank you for your cooperation. Mike Ridley (/ Planning Division poppler.307 ..0 nw?rn< <.cmex 78J PIIOf KN081i0A0 iHE LONE OAK TREE MAiNTENANCE FACnRY EA6qN. MINNESOfA 55171-I697 iHE SYMBOL OF SipENGTH AND GROWTH IN OUR COMMUNItt 3501 COACXMAN pOW1 PHONf: (E17) 68I•4E00 EAGAN, MWNESOTA 55172 cnx:(ett) aei-aaia EQuWOpportunllylAflumotlvaAetbnEmPloyer PXONE:(e17)OB1.1]Op ma.(ei2)a5a.asas FAS:(A12)681•4100 IDD: (OIP) 951•U535 7-4-95 Mayor Thomas Egan City of Eagan, Mn. Eagan, Mn. 55121 On 5-23-95 I met with Mr. Michael Ridley of the City Planning Department regarding some issues and concerns. Since some of these issues were not addressed, on 7-3-95 a follow-up meeting I asked some pointed questions concerning those issues and concerns. Mike Ridley just walked out of the room without allowing me to finish. I was left with a more accommodating building inspector. But some of the issues were not in his area. What's wrong with City Planning? SincWly, (La 3030 . cc: City Council Members To City of Eagan: Tom Hedges City Administrator Tom Eagan Mayor Patricia Awada Council Member Shawn Hunter Council Member Sandra Masin Council Member Ted Wachter Council Member RE: Re-issue of detached garage permit to Michael K. Ekblad Is it "community development" ????????? ISSUE: The Community Development Department reissued a permit for a detached garage without allowing FULL DISCLOSURE AND CONSIDERATION to adjoining neighbors. This is not an ordinary building permit situation as there are no other Rl residenrial locations that have ALL the following characteristics. 1) This location has a 3 stall garage attached to the house and now a 3 stall detached garage for a total of 6 stalls ( the attached garage also has a basement ) 2) The detached 3 stall garage is a high profile 14 foot from floor to bottom of the rafters. It is accessible for dump truck type of vehicles. 3) The permit was approved for a person who is in the business of using these vehicles i.e.: hauling dirt, excavating and snow plowing. (This alone would be enough for community planning to call a serious "tune out" for some discussions) BASIS GIVEN BY MICHAEL RIDLEY FROM COMMIJNITY DEVELOPMENT FOR THE REISSLTE AND THE WAY IT WAS HANDLED: The homeowner identified to Mr. Ridley that the equipment was for personal use and the building will be used for storage. Mr.Ridley's response to the citizens in the neighborhood was that a "person can build a structure for storage. ff the equipment were used for business, then the owner is out of compliance with the Rl zone. However, the enforcement would be hard to prove but it would be looked into." RESPONSE: ? Listed below are some very clear and solid reasons to question the purpose (for the permit)given by the property owner for his oversized garage. 1) The records show with the state that he owns a dump truck. The dump truck is painted to resemble a MnDot vehicle. Currently it is stored outside along with bobcat at 2860 Pilot Knob Rd. Enclosed is a copy of the that vehicle registration. He has a plow attachment for large area plowing. 2) The original garage permit dated 6-5-91 identifies "Ekblad Excavating" at 2860 Pilot Knob Rd. This document is filed with the city. 3) The dump truck with the plow attachment is used for winter plowing along with his 2 pickup trucks with plow attachments. This person has a plow route and the equipment is owned to make money. 4) I had a short opportunity to visit with a more accommodating inspector on 7-3-95 and he showed me the architects plan for the garage. On the lower right hand comer "Ekblad Construction Co." is given along with the address of 3055 Eagandale Pl, Eagan, Mn. This where Mr.Ekblad resided before he moved. The architect name is Gene Lang Designs, 1887 Bell Rd. Eagan, 454-2899. This also is in possession of community development. 5) The above is hard evidence that Mr. Ekblad's credibility is in question and that was mentioned to Mr. Ridley. He also knew that Mr. Ekblad lost his teaching job due to not telling the truth for economic gain. NOW BEING INFORMED VERBALLY AND IN WRTTING WOULD "T TT MAKE SENSE FOR MR RIDLEY AND CONIMUNITY DEVELOPMENT TO GNE CAREFUL ISSUE ANALYSIS??????? ? . `? /l (, ??? T'?' . ? ? TIME LINE May 2, 1995 Sent letter to Doug Reid chief building official May 9,1995 Called Mayor Tom Eagan May 11,1995 As per Mayor's request drafted new letter with enclosures. It took a call to the Mayor for Mr. Reid to react. May 10, 19951etter sent to Mr. Ekblad regarding expiration of original building permit and removing his trailer. From Mike Ridley May 23, 1995 met with Mr Ridley and discussed concems. Mr Ridley didn't mention that a letter was sent to Mr. Ekblad. Which is an interesting note and very germane to that meeting. Mr. Ridley and I reviewed some issues and concerns also and he said that he would get back to me with some answers and a report on the issues addressed. I even gave him a picture as proof of expiration of the 6-5-91 permit. Why am I giving him evidence to show my case when he already sent the May lOth letter out????? May 24th a city letter was drafted and sent concerning the May l Oth letter. June 26, 1995 City of Eagan granted new permit to Mr. Ekblad. June 30, 1995 Semi-trailer was unloaded (premade walls and roof arches) from Ivanhoe, Mn. As I researched this also, that during the building season, it would take more than 4 days notice to order, make and deliver that type of material. Mr. Ekblad must have known weeks ahead of the June 26th date that the permit was to be renewed with no questions or hesitations. He also had to organize a crew and reserve a lift tractor to hoist the material during this busy season. After the semi-trailer came that afternoon it took unti14:00 pm to talk to Mr. Ridley over the phone. He said he allowed the permit because the building would be used for storage. Wouldn't it seem prudent on Mr. Ridley's part to inform the parties concerned (as this does affect the neighborhood) when he approved the permit. July 1,1995 Construction begins 13 hours July 2, 1995 Construction continues 13 hours July 3, 1995 Tried to meet with Mike Ridley but he walked out after not answering some questions. Mr Reid was off for the day! !!!!!! Inspections were made and the building is apparently approved as work has continued. AN INTERESTING NOTE IS THAT THE GARAGE IS HIGHER THAN THE PRIMARY HOME BUILDING AND ACCORDING TO CODE THAT SHOULDNT BE. There is a zoning issue here. THE RESULTS DIRECTED BY CONIMUNTTY DEVELOPMENT ARE DISTURBING, BUT THE TIME LINE OF EVENTS ARE EXTREMELY SUSPECT. Further evidence shows that on the architect's plan (which I first reviewed on 7-3-95) shows that its an oversized garage to house dump truck type vehicles. Now when one reviews the initial permit dated 6- 5-91 it gives a market value of $15,000 . This garage is worth at least perhaps twice that figure. When asked how that figure was obtained, I was told that it was the NORMAL square foot cost for a residential type garage. When the public sees only that document, one is lead to believe that its' size fits in a residential neighborhood. Ntr. Ekblad had a permit to put in a normal residential garage yet Mr. Reid's office was working off a an architect's plan that shows barn size dimensions. To elaborate further, the property owner received a permit fee probably based on the residential garage average square foota.ge cost. When talking to Mike Ridley, he never gave a clue that this was an oversized garage capable of housing vehicles with commercial applications. HE MERELY INSISTED THAT TT WAS FOR APPROVED FOR STORAGE. Doug Reid just gave.Mr. Ekblad a gift by chazging only $275.00 by using normal residential garage permit fees. I doubt that there is any other structure THIS SIZE (being almost a 2 story house in height with almost 1,000 square foot of ground floor space) approved in this town for $275.00 bottom line fee. MR. RIDLEY SAID THAT TBEY CANNOT ANTICIPATE WHAT THE PROPERTY OWNER MAY DO. BUT WHEN TT DOES HAPPEN (TEE OWNER IS OUT OF COMPLIANCE FOR ZONING) THEN HE WII.,L REACT. However, that ATTITUDE GOES CONTRARY to the basic purpose of city planning, thoughtful community development and inspection process. Don't you make plans to head off undesirable events. Mr. Ridley's lack of city planning very likely created some long term neighborhood problems. Given the way this was handled and the land owner's credibility, I doubt that the building will be "merely used for storage" and give any enforcement attention. CLOSING STATEMENT The neighborhood was not given full disclosure and time to give thoughtful analysis to restrictions, water runoff, aesthetic concerns and other considerations. With the size of the building and its real application, the neighborhood especially the adjoining lot lost value. Any other building or person especially located in a commercial zone would have gone through some detailed planning, been realistic for it's purpose, and paid its rightful share of building permit fees (which includes such items as park dedication, environment fees etc.) 'Mr. Ekblad got by for just $275.00 without even an enforcement strategy. IS THIS COMNIITNITY DEVELOPMEN"T OR IS IT "CITY " PLANNING??????????7?7???????7?? This deserves your immediate attention. I would be glad to meet with anyone addressed in this letter at this site and will be available at 454-8906 Sincerely, Larry Poppler enclosures: Letters sent to city and received on the timeline of the report Material on record with the City of Eagan and State of Mn. 7-7-95 To the City of Eagan Tom Hedges City Administrator Tom Egan Mayor Patricia Awada Shawn Hunter Sandra Masin Ted Wachter RE: Continuation of letter dated 7-6-95 concerning community development On July 6th, I received a letter form Mr Mike Ridley of community development. This was a report that he had promised to prior to the issuance of a permit approval. As you can see, the letter is dated June 30th 1995. The post mazk on the envelope is stamped July Sth 1995. Isn't it interesting to note that the postmark on the envelope is stamped one working day after Mr. Ridley walked out of a meeting on July 3rd. . If he had the report done, why didn't he produce it on July 3rd. It is highly irregulaz to produce a report AFTER a permit approval. Sincerely, Larry Poppler Enclosures: copy of above referenced letter and envelope 612 681 4612 07-11-95 02:68PM FROM GITY OE EAGAN TO MAINTEN?.NCE P001/003 7-1 TO to no very fact. a bar I 1 cc: Past-It'" brand fax transmittal memo 7671 •et peg?c r To ? 1 rs r ce. w. peot. Pnone +r F" p Fd%N cia Awada Council Member Wachter Council Member you for the brief discussion on my report dated 7-6-95. is a sense that coznmunity development is out of contral ally since some people left recentty. Consequently the iorhoods are faced with damages caused by inadequate attention ces that need special consideration, lack of recognizing some bvious facts and lastly an attitude that warrants reports atter the 3ecause of this inadequate attention, the city so tar allowed far dump trucks (not a normal residential garage) for the simple nt af $274.50. The city lost revenue also. that the city council will take rr?y report very seriously. I am ; forward to hearing from you as you mentioned. Hedges Ciry Administra.tor / 411?dtV oF eagan THOMASE6AN MaYOr July 31, 1995 LARRY POPPLER 3030 POPPLER DRIVE EAGAN, MN 55121 / Dear Mr. PATRICIA AWADA SHAWN HUMER SANDRA A. MASIN THEOOORE WACHiER Counca Membars iHOMAS HEDGES Clry ACmmmtrator E.J. VANOVERBEKE Gry Cle(k Thank fou for yaur letter of July 6 which raised cancems about construction by Michael Ekblad and enforcement of the City code by our staff. On behalf of the City Council, t wouid like to say that we are sensitive to your concems and that we appreciate your documentation of them. Our review of the infortnation suggests that while you have current and historic concems about the use of Mr. Ekblad's property, we do not share your perceptions about the way in which the matter is being handled. Despite its size and the possibility that it could be used for other types of storage, the garage carrforms with City code requirements for setbadcs, height and so on. Your diligence did assist us in being certain that the permit was properly renewed and that cectain conditians of the property were reviewed at the same time. Because these reviews indicated that the construction did conform with the City code and did not require further iand use or subdivision approvals, it was not subject to notica requirements for properfies in the neighborhood. While it is regrettable that certain things were occurring simultaneously.and that you were not aware of al( of them, we do not believe that the actions of the staff were intended to purposely mislead you ar to treat Mr. Ekblad inappropriately. With respeci ta your comments about our staff person leaving the meefing of July 3, we have discussed this matter with both Mr. Ridley and Mr. BruesUe. They indicated that when you and Mr. BruesUe left the room to review some building peRnit matters, Mr. Ridley did not go with you bequse the remaining questions concemed Mr. Bruestle. If you had additional questions for Mr. Ridley, you are certainly free to bring them up with him, but it does not appear that he did anything unprofessional in permitting Mr. BruesUe to respond to the remainder of your questions. Based on the substantial amount of time and correspondence provided by our staff regarding this matter, we do not consider it an indication of any systema6c failure by the City, its Community Development Department or staff. MYNICIPAL CENTER 7870 PILOT KN08 ROAO EAGAN. MINNESOTA 55172-1897 PHONE: (612) 681•e600 FAX: (E12) E91-4611 iDO: (612) 454-8575 THE LONE OAK TREE THE SYMHOI OF STRENGiH ANQ GROWTFi IN OUR COMMUNRY Equal Opportunlfy/Afflrmaflve Actlon Employer MAINTEHANCF FAC7LlfY 3501 COACMMAN VOINi EAGAN. MINNfSOTA 55171 PHONE: (612) 681•4300 FA7C (612) 081.4360 700: (017) d5a45J3 1 V LARRY POPPLER JULY 31, 1995 PAGE TWO If Mr. Ekbiad uses the garage as he has indicated, it is not in violation of the City code. If, however, you observe and report commeraal adivity on the site in such a way as to pertnit our staff to investigate it as it is happening, I assure you that we wiil take appropriate aciion io prevent the use. There is nothing in the code, however, to limit a property owners right to construct a conforming building on their property. We aiso understand that your dispute with Mr. Ekblad goes badc a number of years and concems a number of issues. Our siaff has always attempted to provide you with the information and support that you need, but we have also made dear that yourconcems are in large part a private matter between you and your neighbor. I know that you have taken steps to resolve these private matters in the past and we hope that they qn be resoived to your satisfaction. Again, tfiank you very much for sharing this issue with the Council. iom Egan ayor cc: City Councii Community Development Director Reictiert Senioc Plannec Ridley f TAEivmd .? 2-8-96 TO: Community Development City Administrator Council Members FROM: Larry Poppler RE: Poppler Homesteads Addition This correspovdence is to put in perspective the simple and justifiable platting of 2 added lots on au existing platted street. Also, to communicate to you efficiently using your time as to how the process is moving along. Perspective: The city was approached (about 1 1/2 years prior to selling lot 6) to make 2 added lots and simplify my parents estate. Initially and on-going there were considerable amounts of "requuements", unjust extraction's and fees; some of which were not relevant to the specific platting. Lots 6, 5, 4, and 2 were not in the platting process and the city demonstrated them as liquid property. When lot 6 was consequently sold, the new owner obtained a faulty survey. Consequently this owner used that survey as an OPERATIVE to obstruct the completion of the platting process. All along Mr. L. G. Poppler's survey was in compliance with existing monumentarion, city and county maps. Over the period of 5 years the city took a wrongful and unjust position of not approving the Platt due to that contenrious boundary dispute (as a matter of policy). However, PUBLIC INTEREST WAS IGNORED in this case when the faulty survey moves a platted, monumented sireet. Furthermore, lots 4& 5 were not really liquid because (even though these were not in the platting process) the city refused to release the "teinporary" construction easement unless corrective permanent easements would be put in place. One person was to pay the price of a city engineering mistake made over 30 years ago. SUGGESTIONS AND RECOMNENDATIONS: 1) Follow the map as originally platted by Mr. McGinley. It is nghtful and in compliance with city feasibility reports and the county surveyor. Over the years efforts were made to accommodate Mr. Ekblad even by perhaps shifting a property line. No acceptance was made by him as his real aim is not a matter of an additioiial 10 to 17 feet. 2) Make every effort to financially balance this whole affair. Mr. L. G. Poppler has incurred excessive development costs associated with this simple Platt. Included in this was ongoing city fees, meetings costs, legal counsel and redundant survey expenses because the city allowed itself to be one of Mr. Ekblad's operatives for his own personal agenda. The finaiicial stress has done its toll. The following areas could be looked into to make the final results more palatable for everyove. •A) Review again the cost of the road for efficiency tolower as much as possible the per lot assessment. As an example: perhaps the running foot cost of matenal and labor is based on a wider dimension than the smaller 24 foot width. Also make it a point to have this project added to otiier street upgrades for a lower unit cost. a,B)..Is.it_really.appropriate to assess more fees? •The ciry will be getting a property owner to grant extra easement footage on a 30 year old mistake. Any fees to correct that error shouid not be felt by the person who is HELPING the city solve that civic problem. C) Have Community Development keep the ball rolling to avoid any misfires and further delays. Upon final approval by the Council its requested that the Platt be ready for submission to the County for its review and approval and the filing fees be done the same day. Lastly I would like to thank you for your current recognirion and attention to making this small Platt and Public Works conundnim come to a just and final conclusion. Sincerely, Larry Poppler CC: Gary Stevenson, county surveyor 2 Apri13, 1996 Mayor Thomas Egan CounciI Members Planning Department City of Eagan RE: Poppler Homesteads Thank you for your approvals of the plat that has taken over 6 years to recognize. I would to rebut Mr. Ekblads' presentation and to reinforce your decision. First, ttsis person vrill take felse assumptions and ha.F tru:hs to sohdify tus position. The State Board of Surveyors has on staff a member of die Attorney Generals' office. The Bouds only mandate is to determine and discipline an errant surveyor. It is a weak mandate but in most cases is effective. Mr. Ekbiads' surveyor was disciplined and fined twice, W. Popplers' was not. The Board was in communication with the County Surveyor as to its findings and results. The letter sent by Mr. Gary Stevenson of the County sums up the cnix of the matter. Secondly, we have tried to be accommodating and compromising for years but Mr. Ekblad was either requesting more extraction's or ignored the efforts. His argument that he wanted ttris resolved earlier is absurd and simply not true. As an l lth hour effort he wanted to do some negotiating. THIS PER50N IS NOT SATISFIED UNTlL HE GETS ALL OR SOMETHING OF WHAT DOESN'T BELONG TO HIM. Mr. Ekblads' intentions were to delay confuse and lastly to create doubt for whatever ultimate purpose he has in mind. YOU MADE THE RIGHT DECISION TO MOVE FORWARD ON THIS WITH APPROVALS. ANYTHING ELSE WOULD HAVE PLACED THIS IN A NEW DIMENSION FOR THE CITY. , oppler 71- y cc: Mr. Gary Stevenson, Dakota County Surveyor , , ?' 'C t Larry Poppfer 3030 Poppter Eagan, Mn. 55121 5-28-96 Mayor Thomas Eagan City of Eagan Eagan, MN. Dear Mayor, Wittun the tast year the City of Eagan has taken some positive steps to improve public communication and to listen to citizens' concerns. Even with positive changes undenvay, I sti}1 find it necessary to draft this letter outlining serious inconsistencies and unfair applications of city zoning rules and [aws favoring Mr. Michael Ekblad over the interest o#' Mr. Lawrence G. Poppler and other neighboring property owners. In previous conespondence I informed you about Mr. Ekblad's non-conforming garage in a residential area. This correspondence undedines our serious concem for action given evidence of the City of Eagan's preferential treatment of Mr. Ekblad's commercial activities which develue the property interests of present and future property owners in this residential area. We fiimly feei that a very strong case can be made demonstrating blatsnt disregazd in the City's obligation to "use due care" in the enforcement of zoning rules and taws. We feel that this lack of due care can be interpreted as a"willful negligence of duty" which has resuhed in an unusual e¢onomiC b@nefit for one citizen (Mr. Ekblad) at the expense of another citizen (Mr. Lawrence G. Poppler). The following facts and circumstances are all demopsuable. a. According to Eagan building codes, detached buildings, such as a garage, should not be of a height tugher than the primary residence (i.e., the house). The enciosed picture is one of many that we retain which show that the garage is higher than the house. Use the LeMay Lake apartmecrts as your point of reference, or come and visually inspect this situarion yourself b. Thece can be only one primary building on a residential lot according to the Uniform Building Code. The gazage is more than a story high with 16 foot sidewalts (before the lowest poirn of the roof eaves) with essentially a basie floor pfan, the dimension of which is 990 square feet. The sheer size of the square footage competes in Sii@ and appearanCe with Mr. Ekblad's house and with neighboring houses (gresent and future). The 12 to 14 foot tat( garage doors more than suggest that Mr. Ekblad has commercial industrial vehicles and equipment to store. ? ? . .. : Much evidence indicates that this industrial sized garage functions as something more than "storage" unit. Basic property assessments have to evaluate locations meeting certain functionality tests. This industrial sized garage is being used for Mr. Ekblad's contracting and excavating business. As this garage functions for that purpose, how Can a person escape the conclusion lhat the structure creates a second primary structure on a residential lot? Examine enclosed photos. c. This industrial sized garage was approved by city inspectors when a survey determination was sttll being reviewed by che City of Eagan. Normally, a building pernvt would not be issued or re-issued until that kind of determination was finalized. Buildings have certain setback requirements. However, Eagan's Community Development with Mr. Michael Ridley's approval, allowed the permit to be renewed despite a pending survey deterrnination. On this issue, one has to question not only whether the City of Eagan acted with "due care" but also whether "willful negligence" was operating. How does one explain the favorable treatment given Mr. Ekbiad in light of the fact that the City of Eagan would not issue the adjoining property ((ots owned by Mr. Lawrence G. Poppler) a plat for over a period of six years? We also claim that the renewal while the boundary dispute was pending led to a favorable treatment for Mr. Ekblad that he would have nOt otherwise obtained had the normal procedures for building approval been followed. d. The City of Eagan held a series of inFormational meetings ostensibly for the pubGc. At one of those meetings, I questioned W. Doug Reid (chief building inspector) on the height issue of W. Ekblad's garage. Mr. Reid merely cut the topic short by insisting that Community Development approved the garage and that "it wasn't his department's fault". A question I now raise is "why dces the city pay inspectors when they don't bother to use the measuring devices at their disposal to enforce the rules?" To elaborate, tha city inspectors have failed to enforce the dump truck/heavy equipment protubitions in the case of W. Ekblad's other residential property at 2860 Pilot Knob Rd. Moreover, Mr. Ekblad has been allowed to extend a garage ignoring the residential setback requ'uements at the 2860 Pilot Knob location. This residential location has been made into an excavating business also. At that same location, this spring, he has placed class 5 gravel and graded it on Vlas Lane. to repair damage done by his vehicles and equipment. These trivialized xpplications of the zoning and buitdirtg ordinances in the favor of Mr. Ekblad are documeated and easily demonstrable. I am concerned that my father, Lawrence G. Poppler, and his family have been unduly harmed by lack of due caze and willful negligence on the part of the City of Eagan. We.are interested in some answers and proper embers, City Administrator, Dakota County Treasurer Mr. Thomas Novak *dtV oF eagan ,C(?, Pja? vm""? THOMAS EGAN MaVOf June 21, 1996 MR LARRY POPPLER 3030 POPPLER LANE EAGAN MN 55121 L Dearer: PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Coundl Memters THOMAS HEDGES Ciry Aaministrator E. J. VAN OVERBEKE Ciry Clefk The Mayor forwarded your letter of May 28 to my office to prepare_a response regarding the concerns you have with the property at 3070 Poppler Lane. I asked the Building Inspections Division to perform an on-site inspection to address your issue with garage height. The peak of the garage appears to be at an elevation higher than the house when referenced from Poppler Lane; however, this is not the reference point that is to be used. Eagan City Code, Section 11.10, Subd. 5 states in part , "...... no accessory building shall exceed the height of the principal building." City Code does not include a definition of "heighY". The 1994 Uniform Building Code, as adopted in Section 4.01 of the Eagan City Code, defines height as follows: Height of building is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The handbook to the Uniform Building Code states, "Where the building is stepped or terraced, the code intends that the height of such building is the maximum height of anv seament of the building." According to field measurements, the height of the house is 28'6" and the garage is 28' high; therefore, the height of the garage is consistent with City Code requirements. MUNICIPAL CENTER 3830 PILOi KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 691-4600 FA7(: (612) 681-4612 iDD:(612) 454-8535 THE LONE OAK TREE THE SYMBOI OF STRENGTH AND GROWTH IN OUR COMMUNITV Equal Opporiunlty/Afflrmatlve Actlon Employer MAINIENANCE FACILITY 3501 COACHMAN POINT EAGAN, MINNESOiA 55122 PHONE: (612) 681-9300 FAX: (612) 601 -4360 TDD: (612) 454-8535 Another concem raised in your letter was the timing of the issuance of the building permit. Although there was a question regarding the property line, the building permit was issued based on the fact that the required information was provided to the City by Mr. Ekblad and his licensed land surveyor. The setbacks on the survey and on site were verified to meet City standards. As such, the City had no legal basis for delaying or denying the permit or failing the inspections after the permit was issued. Your letter also mentioned that the City's residential setback requirements allowed Mr. Ekblad to extend a garage into said setbacks for property located at 2860 Pilot Knob Road. The setback requirement was deviated from by a formal Variance granted by the Eagan City Council at its regular meeting of November 15, 1983. As referenced in Mayor Egan's July 31, 1995 letter to you and City stafPs recent on-site survey inspection, Mr. Ekblad's garage is in conformance with City Code. Larry, I understand your concern that the zoning laws appear to have been ignored; however, City staff has expended a substantial amount of time over the last several years verifying that the zoning laws have been properly complied with and have also been very attentive to yourconcerns. If you have other concerns that have not been addressed, feel free to contact City staff. Sincerely, ?Q vV<-_ Thomas L. Hedges City Administrator TLHfjs 2 ViA FAX -1 pag' onty ' To: Tom Hedges Fmm; Pat Awada Re: Popplat Btc. (454-8906) bate: Jnly 17, 1996 nthing the City can T spoke with Larry popplar again and again let bium know thera Llanation. do about the past probleras etc.. I think he finally accepts that ?,fter scveral discussions, we came to tb;e conclusion thac there myay be a few things I can find oat whicb, xnight help tlae situation from Lairy's perspec ve. Pirst, whethef the bui2ding permit ils exgired, what that means in terms of construc ion (automatically renewed?) , if we can £orce the conupietion of the garage, Bnd wh qC we are checlcing if Michael Ekblad xe using the garage for a non-residendal use. P.01 i told him tlaese were the only questions I could ask which migh provide hi.m some , relief ox which the city might have some authozity. Please gat k to me so I ceu call ' I,arry again. Thanks! '•, i . - •---... R=94%2227625 07-18-96 09:05AM P001 - city of eagan TO: DOUG REID, CHIEF BUILDING OFFIClAL FROM: DALE SCHOEPPNER, SENIOR INSPECTOR DATE: JULY 22, 1996 SUBJECT: 3070 POPPLER LANE MEMO As you know, Larry Poppler has forwarded correspondence to Councilmember Awada inquiring on the following: 1) whether a buiiding permit to build a garage at 3070 Poppler Lane has expired; and 2) if that garage is being used oniy as a residential garage. According to the Uniform Building Code, Section 106.4.4 a buiiding permit is valid indefinitely as long as work is not abandoned for more than 180 days. The construction on this garage is slow, but is on-going, therefore the permit remains active. Mr. Ekblad cannot be forced to finish this project outside the parameters of the Building Code. When speaking with Mr. Ekblad, he advised me that the "brown coaY' will he applied to the stucco this fail. I spoke with Mike Ridley, Senior Planner, regarding the use of this garage for anything other than residential and he advised me that if, and when, commercial activity is noticed, zoning staff will investigate and act accordingly. The condition of this site has not changed since Tom Hedges' correspondence of June 21, 1996 to Larry Poppler. If you need further information, please let me know. 5enior Inspector DS/js 3070popp.ler ir 7-30-96 Mr. Thomas Hedges City Administrator City of Eagan Dear Mr. Hedges, I have received your letter dated June 21. Unfortunately your response identifies only one issue for approving the accessory building, namely the height. The City's response had to rely on a"handbook" to provide a loose interpretation of the Uniform Building Code. Another publication given out by the city (enclosed) states that accessory buildings be single story. This building is higher than one story. Regardless of that issue, the unusual complacency of Mr. Ridley and Mr. Reid in applying due caze resulted in exceptional economic benefits for one citizen at the expense of others. Let me further demonstrate: 1) The industrial size gazage is being used for Mr. Ekblads' contracting and excavating business. The height was necessary to install 14' garage doors which in turn accommodates industrial size equipment. This important point was not disclosed to the council for permit approval in 1991. Yet the inspection department knew of this. Also, there is no precedent. No recent residential lot was permitted to have an industrial size garage in conjunction with an existing 3 sta11 gazage with full basement on the same lot. The size and usage makes the building another primary building. 2) Further reseazch indicates that this oversized (non conforming to residential zone) accessory building may be subject to having the residential lot split zoned for taac purposes. Mr. Doug Reid and Mr. Mike Ridley's broad interpretations may just be responsible for rezoning a residential neighborhood. 3) The original issuance of the gazage permit was given in 1991. Last yeaz Mr. Ridley recogniaed that the permit expired but hastily renewed it. The code states that permits are for only 6 months. From 1991 to 1995 W. Reid stonewalled the issue of the expired pennit As a side note, at the time when the footings for the house were approved, the accessory building footings were approved even though they were not even worked on. The building is still not finished. This is not only a damaging visual effect to the neighborhood but the inspections department oversight gives Mr. Ekblad another economic benefit. Consequently, Mr. Ekblad will not pay the fuil property tax as it now stands. 4) On several occasions I have told Mr. Reid about the oversized commercial trailer stored in this residential zone. Tlus trailer is Gcensed with the prefix "CT" and according to the State of Minnesota compliance office the initials stand for wmmercial or construction trailer. However, Mr. Reid doesn't seem to think so, as Mr. Ekblad told him the trailer was for "personai use". Currently the trailer licensed to carry at least 4,500 lbs. is stored outside the accessory building without the plate attached. According to code the trailer should be kept inside a building. 5) At Mr. Ekblad's other location on Pilot Knob Rd, storage of dump trucks and equipment were pointed out (to Mr. Reid) along with a neighbor. The neighbor complied with the code yet Mr. Ekblad was and still allowed to keep these ungaraged vehicles at his location. According to the code, that shouldn't be. Other people in business pay a tax on ComrnerCial property to maintain a place for their vehicles and equipment. Evidently Mr. Ekblad, with the help ofMr. Reid's department doesn't have to. Anyone paying their fair shaze of property taxes, would not allow disingenuous enforcement of zoning rules demonstrated by Mr. Reid and Mr. Ridley. There is enough material to support the fact that these people should be accountable for their action or inactions. I seriously await the City of Eagan's response to its complicity in dealing with Mr. Ekblad. Yours truly, Lazry Poppler 3030 Poppler Dr. Eagan, MN. 55121 454-8906 ca Council Members Marvin Pulju, Dakota County Assessor city oF ecigan THOMASEGAN Mayoi ' PATRICUT AWADA . SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Counell Members THOMAS HEDGES CIN Atlminlatrotoi E. J. VAN OVERBEKE - ACCESSORY BUILDINGS ariclerk -(single story detached 6uildings used as tool and storage sheds, playhouses and similar uses - does not include gazebos, saunas, etc.) BUILDING PERMIT REQUIRED • If buiiding exceeds 150 square feet. SETBACKS • Buildings in excess of 150 square feet must be 15 feet from the rear property lines and 5' from the side property tines. Buildings less than 150 square feet must be 5' from the rear and side property lines. HEIGHT • The height of the accessory building must be less than the relative height of the principal structure. Such heights shall be deterrnined as specified in the U.B.C. LQT COVERAGE • Total lot coverage may not exceed 20% on residential lots. EASEMENTS • No structures of any kind are allowed in easements. Verify the location of easements on your property prior to construction with the City Engineering Department. PiiOTECTIVE M3PECTIONS DMSION low _ """'.....?. ....n .v . mw?mcn...?. . MUNICIPAL CENiER THE LONE OAK TREE 3501 COACHMAN POINT 3830 PILOT KNOB ROAD THE SYMBOL OF STRENGTH ANO GROWiH IN OUR COMMUNITY EAGnN. MINNESOTA 55122 EAGAN. MINNESOTA 55122-1897 PHONE: (612) 681-4300 PHONE: (614) 681-4600 Equql ppportunlty/Afllrmatlve Actlon Employer FAX: (612) 681-4360 FA%: (612) 681-4612 TDD: (612) 454-8555 TDD: (612) 464-8535 i .; THOMASEGAN Moyor August 6, 1996 MR LARRY POPPLER 3030 POPPLER LANE EAGAN MN 55121 RE: 3070 POPPLER LANE Dear Mr Poppler: PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Council Members THOMAS HEDGES City atlminishotoi E. J. VAN OVERBEKE atV aerk The City Administrator forwarded your July 30 letter to our department for review and comment in an effort to end the controversy that exists over the above-referenced property. You interpret the definition of height in the Uniform Building Code as being "loose." Please feel free to forward your comments regarding this code to: International Conference of Building Officials, 5360 WoYkman Mill Road, Whittier, CA 90601-2298; telephone: (310) 699-0541. Enclosed with your letter was a City of Eagan handout for accessory buildings. We would like you to note that this handout includes a reference to the U.B.C. definition of height. You continue to refer to this garage as being "industrial" size or "non-conforming". The City of Eagan Zoning Code does not contain a maximum height for overhead doors. Further, there is no evidence that the garage is being used in conjunctiori with an iliegal home occupation. All structures located at 3070 Poppler Lane are consistent with the R-1 (single family) zoning. As previously explained in the Mayor's letter of July 31, 1995 and the City Administrator's letter of June 21, 1996, this garage is in conformance with City Code. As you are aware, the original building permit to construct the garage did expire and a new permit was applied for and granted. The Uniform Building Code, Section 106.4.4 states that a building permit is valid indefinitely as long as work is not abandoned for more than *dtV oF eagan MUNIqPAL CENTER 3830 PILOi KNOB ROAD EAGAN, MINNESOTA 55122-1897 PHONE: (612) 681-4600 FA%:(612) 681-4612 TDD:(612) 454-8535 THE LONE OAK TREE THE SYMBOI OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Attirmative Action Employer MAINTENANCE fACIIITY 3501 COACNMAN POINi EAGAN. MINNESOiA 55122 PHONE: (612) 681-4300 FAX:(612) 681-4360 TDD: (612) 4548535 180 days. You are correct in stating that permits have an expiration date; however, the / City has no control over a permit remaining active as long as work is not abandoned. This means that a permit holder can simpiy pound a few nails into his project every 179 days to keep a permit active. Regardless of the type of trailer IicQnse, Mr. Ekblad has assured the City that this trailer is being used for personai hauling only. City Code does not prohibit outside storage of trailers of this type. The footings for the garage were inspected after excavation and forming. We do not have an issue with the workmanship or the inspections of these footings. You also inquired about the parking of commerciat vehicles at 2860 Pilot Knob Road. The City has inspected this property and found a violation specific to the parking of commercial vehicles on a residential lot (Sec. 11.20, Subd.5 of the City Code) and we are currently working with the property owner to remove the commercial vehicles from this property. Although you may not agree with these responses, the position of the City stands unless the conditions change at this site. If you would Iike to meet and further discuss your concerns, please contact me at 68111695 or Mike Ridley at 681-4689. Sincerely, k?afQ ??"`??/ Doug Reid Chief Building Official Sincerely, Mike Ridley Senior Planner DR/MR/Js 8-15-96 Shannon Tyre Community Development City of Eagan Dear Ms. Tyre, 0 As we discussed, Mr. Ekblad has extended a lazge boulder formation from his property into the rewrded drainage easement of lot #3 Poppler Homesteads 92 (east boundary) This extension of the rock barrier from Mr. Ekblads property extends at least 6 feet into the public dedicated easement. This can disrupt the normal water flow away from the 10' public water drain easement onto non easement areas. There is a safety factor also, by the fact that these uncemented boulders could shift and fall (which could pose a hazard to unsuspecting children). This is no ordinary landscape formation! Lastly Mr. Ekblad placed these boulders there knowing that it was questionable. I understand that the city will allow insignificant landscape done on easement property within its borders. However, if these huge rocks (which crossed the line) were allowed to remain indefinitely, they would create a prescriptive right to stay. Consequently Mr. Ekblad could somehow usurp that properry with said easement recorded. (This information was given from two separate sources of legal counsel.) Why does the city have and create recorded easements if this were allowed to happen? I believe that the water easement on lot 93, was required as a necessary public interest and should be a city concern! Thank you for looking into this matter. Sincer , 'i i ? Ij op cc: Tom Hedges, City Administration 8-23-96 ThomasEgan AUG 2 6 1996 1 Mayor City ofEagan ----- Deaz Mr. Egan, Thank you for your time over the phone yesterday. This is just to ciarify the citys posirion with regards to abandonment of the Ekblad "garage". Just for the record, the building has not been wocked on since last fall when the 14' overhead doors weze installed. The outside remains as tarpaper with covered wire ready for the stucco appiication. The floor is still class 5Dravel as no cement truck poureri the floor. The application was originally granted in i991. Communiry deveioQment derermined in 1995 that the projecz was abandoned and the project needed a renewal permit. Mr. Ridley scates that "a permit hoider can simply pound a few nails into a project every 179 days to keep a pemvi acsive. " That liberal unerpretation is justifj+in$ a scheme to delay fiill taxation on real property. Your indicarion chat the city will not do aaything to enforce that campletion concems me. Why does Eagan have complianca officers? It seems to be a bad idea to ask other cirizens, as you suggest, to cut a"deal" with the owner so as to encaurage him to finish the projecz. It is equally unfair to suggest thac I am using the system ior personal gain. On the contrary, Mr- Ekblad is using tfiat accusation as a method to get by with acting irrationally. It is in the public interest to have any project furished so that the final product enbances the communiry and it pays iu rightfW FULL share of proQerry tax. TT NST MAKES GOOD MANAGEMENT SENSE. °- Mr. Ridley admits that there is a violation of parldng commercial vehicies at the P1ot Knob lacation by bir. Ekblad. As he states "ciurently worldng with the properry owner to remove the commercial velricle(s) from his property." Last year he made the same observation and statement, yet nothing was done. NST WHEN IS HE GOING TO DEAL WITH THAT ISSiJE? Fi'is actions or inaction's will indicate his levei of fairness and objectivity for,vtr. Ekblads' ottrer location. Every properry owner is concemed about properry vaiues and taxation and I'm sure that you understand my posiuon. Community Deveiopmem would certainly enhance it image by dealing with issues REALISTICALLY AND WITH REASONABLENESS. Respectfuily yours, Larry Poppler cc: Counci] members Tom Hedges Mazk Parranto Eagan Small Business Association SECTION 208 - G GRADE (Adjacent Ground Elevation). The code indicates that gcade is the lowest point of elevation of the finished surFace of the ground wi[hin an area between the building and property line or where the property line is more than 5 feet (1524 mm) from [he building be[ween the building and a line 5 feet (1524 mm) from the building. This definition is important in determining the number of sto- ries within a building as well as its heigh[ in feet. In some cases the finished surface of the gmund may be artificially raised with imported fill w create a higher grade around a building so as to decrease the number of stories or height in feet. The code does not pmhibit this practice, and as long as a building meets the code definition and restrictions for height or number of stories, the intent of the code is met See Figure 208-1. 5' 0" MIN. OR R IF CLOSER For SI: 1 foot = 304.8 mm. 5' 0" MIN. OFi k IF CLOSER ?- FINISH GRADE \\ ? ? A_- ?-- ORIGINALGROUND SURFACE/ USE OF BUILT-UP SOIL TO RAISE FINISH GRADE Figure 208-1 For 51: 1 faot = 304.8 mm. - ?C I ? - Z S JI m ? o J ml LL 0 LL DI r ? S xl 5 B 5 I DATUM ? I B /f ? p I 5, ? O ' I - _ - _ - -y- '? - - THAN 0 LESS THAN 10 A CASEI CASEII DETERMINATION OF BUILDING HEIGHT IN FEET (mm) Figure 209-1 SECTION 209 - H HEIGHT OF BiJILDING. T'he critical feature in the defini- [ion of 6eight of building is the case where the building is on a sloping site. In the case of a sloping si[e, the height of [he buitd- ing is measured as depicted in Figure 209-1. Where the building is stepped or terraced, the code intends that the height of such building is the maximum heigh[ of any segment of the building. It may be appmpriate under certain c'u- wmstances that ttie number of stories in a building be deter- mined in the same mannec Because of the varying requirements of the code which are related to the number of stories, such as exiting, fire resistance of wnstruc6on, shaft enclosures, eu., each case should be judged individually based on the character- istics of the site and construction. In addition to those factors which are related to the number of s[ories, other items to consid- -M . .- .-' ...._- .r. :.?...-. .. 7994 UNIPORM BUILDING CODE . 209- HAZARDOUS PRODUCTION MATERIAL (HPM) is u solid, liquid or gas that has a degree - of hazard rating in health, tlammability or reactivity of 3 or 4 and which is used direcdy in research, laboratory or production processes which have, as their end product, materials which are no[ haz- ardous. HEALTH HAZARD is a classification oY x chemical for which [here is statistically significan[ evidence based on at least one study conducted in accordance with established scientific principles that awte or chronic health effects may occur in exposed persons. The term "heaith hazard" in- cludes chemicals which are carcinogens, toxic or highty roxic agents, reproductive [oxins, irri[an[s, corrosives, sensitizers, heparotoxins, nephrotoxins, neuroroxins, agents which xct on the hemaro- poietic system, and agents which damage the lungs, skin, eyes or mucous membranes. HEIGHT OF BUILDING is the venical distance above a reference datum measured ro the . highest point of the coping of a Flat roof or to the deck line of a mansazd roof or to the average height . . of the highest gable of a pitched or hipped roof. The refereoce datum shall be selected by either of the foilowing, whichever yields a greater height of building: - - - I. The elevation of the highes[ adjoining sidewalk or a ound surface within a 5-foot (1524 mm) . horizontal distance of the exterior wall of the building when such sidewalk or ground surface is not more chan 10 feet (3048 mm) above Iowest grade. 2. An elevation 10 feet (3048 mm) higher than the lowest grade when the sidewalk or ground surface described in Item L above is more than 10 feet (3048 mm) above lowest grade. The height of a stepped or tertaced building is the maximum hei;ht of any segment of the build- ing. HELIPORT is an area of land or water or a strucmral surface which is used, or in[ended for use, _ for the landing and take-off of helicopters, and any appurtenant areas which are used, or intended for use, kor heliport buildings and other heliport facitities. - HELISTOP is the same as a helipon, except that no refueling, maintenance, repairs orstorage of helicopters is permitted. HIGHLY TOXIC MATERIAL is a marerial which produces a lethal dose or a lethal concentra- . . , . . - tionwhich falls within any of the following categories: - - 1. A chemical that has a median lethal dose (LDgp) of 50 milligrams or less peikilogram of hody weight when administered orally [o alhino ra[s weighing between 200 and 300 grams each. 2. A chemical that has a median lethal dose (LDgp) of 200 milligiams or less per kilogram of body weight when administered by continuous con[act for 24 hours (or less if death occurs within - .24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each. 3. A chemical that has a median lethal concentratioa (LCgp) in air of 200 pans per million by . volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume ocdust, when adminis- . tered by continuous inhalation for one hour (or les's if death occurs wi[hin one hour) ro albino rats . weighing between 200 and 300 _rams each. Mixtures of these materials with ordinary materials, such ns water, may not wazrant a classifica- tion of highty toxic. While this system is basicalty simple in application, any hazard evaluation which is required for the precise catesonzation of this type of material shall be performed by ex- penenced, technically competent persons. -- HORIZONTAL EXIT. See Section I00 1 -2. . HOTEL is any building containine six or mare guest rooms intended or designed [o be used, or which are used, ren[ed or hired out m be oceupied, or which are occupied for sleeping purposes by gues[s. HOT•WATER-HEATING BOILER is a boiler having a voWme exceeding LO gallons (454.2 L), or a heat input exceeding 200.000 Btu/h (l49 540 kW), or an operatin-, temperature ex- _ ceeding 21 0°E (99°C.) that provides hot water to be'used extemally to itself. 1-17 MAXIMUM HEIGHT OF BUILDING IS 28' (. SEGMEN71. MAXIMUM NUMBER OF STORIES IS 3(m SEGMENTS 7 AND 2. For SI: l foot = 304.8 mm. SEGMENTI Height = PB' THREESTORIES SEGMENT2 HEIGHT = 24' THREE STORIES io SEGMENT3 HEIGHT = 18' . WALL TWOSTORIES m - 1 o ? N j WALL io WAIL ? ? !l? ? WALL ? /?/ ?i TERRACED BUILDING Figure 209-2 er are tire depaztment access, location of exterior exits, mutes of exit travel and type of separation be[ween segments. Figure 209-2 illustrates one example in which the height of the building and number of s[ories aze determined for a s[epped or terraced building. In the case of a s[epped or tecraced build- ing, the language "total perimeter" used to define the case sepa- rating the first srory from a basement is intended ro include the entire perimeter of each segment oF the building. Therefore, in the cross section of Figure 209-3, the [o[al perimeter of the down-slope segment would be bounded by the retaining wall, the down-slope exterior wall, and the east and west exterior walls. In the case illustrated, the divelling has two stories and a basement for the down-sbpe segmen[. The measurement for the maximum height of the building would 6e based upon the maxi- mum height of the down-slope segmen[. In this case the highest grade of the segment is more than 10 feet (3048 mm) above the lowest grade. Thus, the reFerence datum would be 10 feet (3048 mm) above lowest grade, and the heigh[ would he 17 fee[ 6 in- ches (5334 mm) plus half the height of [he attic. SECTION 214 - M MEZZANINE or MEZZANINE FI,OOR. AI[hough not specifically stated, the intent is also to include an intermediate floor placed within a story. A mezzanine is not counted as an ad- ditional story in a building under certain conditions. See Sec- tions 504.4 and 507 of the U.B.C. SECTION 216 - O OCCUPANCY. In addition to [he definition in Section 216, the code in[ends that the word "occupancy" carry also the con- notation of a specific family of uses which are considered gener- ally to have similar hazard charac[eristics. While use and occu- pancy are quite often used intemhangeably in the code, when the word occupancy is used, it means specifically the occupancy classification of the building as defined in Chapter 3. An unoc- cupied building would be classified by its intended use. SECTION 220 - 5 STORY. The critical part of the definition of story involves the definition of the ficst story. The code defines the first story as the lowest story in a building which qualifies as a story. The First story may be either an inhabited story or may be unused un- der-tloor space. T'here are two criteria which are critical ro the determination if a given level is either the first srory or base- ment: L If the finished floor level a6ove the level under consider- ation or above under-t7oor space is more than 6 feet (1829 mm) above grade for more than SO percent of the total perimeter of the building, the level under consideration is [he first s[ory. 2. If the finished floor level above the level under consider- aaon or above under-floor space is more than 12 feet (3658 mm) abovegradeatanypoint,thelevelunderconsiderauonortheun- der-floor space shall be considered as the fitst story. Conversely, if the finished floar level above the level under consideration is 6 feet (1829 mm) or less above grade for more than 50 percent of the perime[er and dces not exceed 12 feet (3658 mm) at any point, [he floor level under considemtion is a basement. Or, as succinctly defined in the code, a 6asement is a tloor level below [he first story. Where a building is partially excavated into a side-hill loca- tion and consists of only one level, that level is considered to be a basement by the code unless the Floor level is 4 feet (1219 mm) or less below grade for more ihan 50 percent of the total perime- ures 209-3 and 220-1 illusVate the definitions of story, firs[ s[ory ter or is 8 fee[ (2438 mm) or less below grade a[ any point. In this and basement. latter case the level is considered ro be a one-story building. Fig- m 177 F7 OPENI m m FlNISHGROUNO ? tOI m WEST ELEVATION LOWEST GRADE Por SI: 1 foot = 304.8 mm. TWO-STORY AND BASEMENT BUILDING Figure 209-3 10 J ,.....1=---m ? ?. 6-t" U.b,c. CHAPTER 11 ? t' LAND USB REGQLATIONS (80NING) SSCTION 11.01. IBTENT AND PORPOSB. This Chapter is adopted for the purpose of (1) protecting the public health, safety and general welfare; (2) dividing the City into zones and districts zestricting and regulating therein the loca- tion, hei9ht, number of stories, size of buildings and other structures, and percentage of lot which may be occupied, the size of yards and other open spaces, and the density and distribution of population; (3) promoting orderly develop- ment of the residential, business, industrial, recreational and public areas; (4) providing adequate light, air and convenience of access to property; (5) limiting congestion in the public rights-of-way; (6) preventing the overcrowding of land and undue concentration of structures by regulating the use of the land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (7) providing for the compatibility of different land uses and the most appropriate use of land throughout the City; (8) providing for the more orderly transition from a rural to an urban or suburban environment; (9) providing for the admin- istration of this Chapter and amendments thereto; (10) defining the powers and duties of the administrative officers and bodies, as provided hereinafter; and, (11) ?- prescri6ing penalties for the violation of the provisions of ? this Chapter or any amendment thereto. SBC. 11.02. RULSS OF LANGIIAGE CONSTRQCTION. whenever a word or term defined hereinafter appears in the text of this Chapter, its meaning shall be construed as set forth in such definition thereof. All measured distances expressed in feet shall be the nearest tenth of a foot. SSC. 11.03. DBFINITIONS. The following terms, as used in this Chapter, shall have the meanings stated: 1. "Abutting" - Making contact with or separated only by public thoroughfare, railroad or public right-of- way. 2. "ACCessory Use or Structure" - A structure subordinate to and serving the principal use or structure on the same lot and customarily incidental thereto. 3. "Addition" - An extension or increase in floor area or height of a building or etructure. 4. "Automobile Reduction Yard° - A lot or yard where one (1) or more unlicensed motor vehicles or the remains thereof, are kept for the purpose of dismantling, ?1_ 264 S 11.10 4. Zf any non-conforming uae of a f`^ structure or land or non-conforming stzucture is degraded or . destroyed by any means, includin9 floods, to an extent of fifty percent (50%) or more of its market value at t6e time of destruction, it shall not be reconstructed except in conformity with the provisions of this Chapter. The Council may issue s conditional use permit for reconstruction if the use is located outside the floodway and, upon reconstruction, is adequately elevated on fill in conformity with the provisions of this Chapter. Source: Ordinance No. 133, 2nd Series EEfective Date: 2-14-92 Subd. 4. 7.ot Proviaions. A duly czeated lot of ' record shall be deemed a buildable lot pronided all oE the following are met: A. The lot shall hane a minimum of sizty (60) feet of frontage on a publio street or the lot shall have been approved in platting a condominium project or an attached dwelling project wherein a contiguous lot, owned in common, provides said frontage. 8. There shall be no more than one (1) principal building on one (1) lot except when approned as a pazt of a Ylanned Development. r C. The lot shall be capable of supposting a building(s). D. The lot shall be of sufficient size to accommodate a building(s) within the minimum required building setbacks for the particular zoaing district in which it is located. ' Subd. S. Accessory Buildings and Strnctures. a. Accessory 6uildings and structures related to a farming opezation and on a farm may be lacated anywhere on the lot except that a building for housing more than two (2) animal units shall be not less than fiEty (50) feet from lot line and all buildings shall conform to yard regulations. Source: -OCdinance No. 52 EFfective Date: 4-25-75 8. No accessory building or structure other than a fence or a temporary constzuction office shall be permitted on any lot in an 'E" or °R" DistriCt prior to the time of construction of the principal building to which it is accessory, except a residential garage, which prior to the constzuction of a residence can be uaed only Eor storage ? ` 274-1 (5-31-92) purposes pertaining to and until the completion of the main ? structure. C. No accessory building shall be less than the minimum required setback for the principal building along the street, side, and rear lot lines as required by Subdivision 6 of Section 11.20. Source: No. 52 amendment Effective Date: 9-24-76 D. Unless otherwise herein specified, no accessory building shall exceed the height of the principal building except when on a farm and related to a farming operation. Subd. 6. Required Yards and Open Space. A. Whenever a park or play area is so lo- cated that it abuts on a public right-of-way or railroad right-of-way, either a landscaped yard area of at least thirty (30) feet shall be maintained from such right-of-way and the nearest developed play space, or a fence in confor- mity with Subdivision 20 of this Section, or similar barrier may be used. This Section shall apply to all public and private parks, schools, churches and areas where play areas are provided. B. No yard or open space existing upon the effective date of this Section shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this Section. C. The following shall be the minimum re- -? quired building setback for any building in any yard in all zoning districts along any interstate or state highway, major thoroughfare or minor thoroughfare, either existing or proposed as shown on the current City Thoroughfare Plan. Thoroughfare Right-of-Way Width Minimum Setback Interstate or State Highway 50 feet Major Thoroughfare 150 feet 50 feet or 125 feet from right-of-way centerline which- ever is 9reater. Major Thoroughfare 100 feet 50 feet or 100 feet _ from right-of-way centerline, which- ever is greater. Minor Thoroughfare 80 feet 40 feet or 80 feet from right-of-way centerline, which- ever is greater. 275 7-4-95 Mayor Thomas Egan City of Eagan, Mn. On 5-23-95 I met with Mr. Michael Ridley of the City Planning Department regarding some issues and concerns. Since some of these issues were not addressed, on 7-3-95 a follow-up meeting I asked some pointed questions concerning those issues and concerns. Mike Ridley just walked out of the room without allowing me to finish. I was left with a more accommodating building inspector. But some of the issues were not in his area. What's wrong with City Planning? > Larry Poppler 3030 Poppler Ln. Eagan, Mn. 55121 cc: City Council Members 4-i 4-94 Mr. Michael Dougherty 600 Midway National Bank 7300 West 147th St. Apple Valley, Mn. 55124-3136 RE: Sigma land survey issue Dear Mr. Douglterty, I received your letter dated Ap. 11, 1994. I would have to interprete your response far the City of Eagan [unless I hear otherwise] is that: Even though the monuments, electric boxes and fire hydrants [up and ciown the street done by, or supervised by the City of Eagan] match the intent of the county survey map done by the county surveyar in 1979, the City of Eagan is an "innocent bystander". I'm sorry but its hard for me to comprehend that position. Sinccerely, Larry Poppler CC Tom Hedges, city administrator SEVERSON, WILCOX & SHELDON? P.A. LARRY S. SEVERSON A PROFESSIONAL ASSOCIATION WAMES F. SHELDON ATTORNEYS AT LAW . PATRICK WILCOX MICHAELG.DOUGHERTY" 600 MIDWAY NATIONAL BANK BUILDING MICHAEL E. MOLENDA 7300 WEST 147TH STREET APPLE VALLEY.MINNESOTA551247538 (612) 432-3136 April 11, 1994 ? TELEFAX NUMBER 432-3780 Mr. Lawr l:re P. Poppler 303 ppler Lane an, MN 55121 Re: Sigma/Ekblad - Poppler Homestead No. 2 Our File No. 206-7219 Dear Mr. Poppler: KENNETH R. HALL SCOTT D. lOHNSTON LAREN M.SOLFES7 ANNETTE M. MARGARIT •BRADLEY SMITH SHARON K. HILLS ROBERT B. BAUER OFCOUNSEL: SOHN E. VUKELICH Your letter of April 4, 1994, was forwarded to our office by Jim Sturm of the Eagan Community Development Department. The City empathizes with your parents situation and sincerely hopes that a resolution is forthcoming. However, while your Prustration may be warranted, the City's role in the ongoing dispute with Mr. Ekblad, is that of an innocent bystander. The City was not involved in the transfer of property to Mr. Ekblad. The City's role in relation to the survey prepared for a building permit is limited to reviewing certain items of information from the survey in order to issue an appropriate permit. The survey was not done on behalf of the City of Eagan, nor was it prepared for the City of Eagan. Under the Uniform Building Code a municipality may require a survey of the lot to verify that the structure is located in accordance with the approved construction plans. The City of Eaganfs Code of Ordinances provides that a Certificate of Survey is required wherein land is to be occupied by a structure. The City's purpose is to verify the setback distance of structures from surrounding lot lines. Ultimately if the structure is not located as represented by the survey, the City bears no responsibility for that error, but rather the building permittee would be in violation of the permit. Again, we recognize that it is unfortunate that these problems have developed to such an esctent that they hinder your parents plat proposal, but we hope you recognize that this is a private matter to be resolved between the Ekblads and your parents. Until that occurs, the City does not have any power or control over this matter. We do thoroughly wish you well in your attempts to put this matter behind you. Cordially, SEVERSON, WILCOX & SHELDON, P.A. Michael G. Dougherty MGD/wkt cc: Tom Hedges, City Administrator Peggy A. Reichert, Community Development Director 1NOIVIDUAL ATfORNEYS ALSO LICENSED ! V IOW A. W ISCONSIN OR NEBRASRA 'CERi1FIED FEAL PROPERTY lA`x3PECIALIST. MSBA 4-14-94 Mr. Michael Dougherty 600 Midway National Bank 7300 West 147th St. Apple Valley, Mn, 55124-3136 RE: Sigma land survey issue Deaz Mr. Dougherty, I received your letter dated Ap. 11, 1994. I would have to interprete your response for the City of Eagan [unless I hear otherwise] is that: Even thouglt the monuments, eiectric boxes and fire hydraztts [up and down the street done by, or supervised by the City of Eagan] match the intent of the county survey map done by the county surveyor in 1979, the City of Eagan is an "innocent bystander". I'm sorry but its hard for me to comgrehend that position. Sinccerely, Lazry Poppler CC Tom Hedges, city admin'sstrator SEVERSON, WILCOX 8iL SHELDON, P.A. LARRY S. SEVERSON A PROFESSIONAL ASSOCIATION TAMES F. SHELDON ATiORNEYS AT LAW . PATRICK WILCOX MICHAELG.DOUGHERTY" 600M(DWAYNATIONAI.BANKBUiLDWG MICHAEL E. MOLENDA 7300 WFST 147fH STREET APPLEVALLEY.MINNESOTASSI247538 (612) 432-3136 April 11, 1994 TELEFAX NUMBER 432-3780 Mr. Lawr e P. Poppler 303 ppler Lane an, MN 55121 Re: Sigma/Ekblad - Poppler Homestead No. 2 Our File No. 206-7219 Dear Mr. Poppler: KENNETH R. HALL SCOTT D. JOHNSTON LOREN M.SOLFEST ANNETI'E M. MARGARIT 'BRADLEY SMITH SHARON K. HILLS ROBERT B. BAl1ER OFCOUNSEL: JOHN E. VUKELICH Your letter of April 4, 1994, was forwarded to our office by Jim Sturm of the Eagan Community Development Department. The City empathizes with your parents situation and sincerely hopes that a resolution is forthcoming. However, while your frustration may be warranted, the Cityfs role in the ongoing dispute with Mr. Ekblad, is that of an innocent bystander.- The City was not involved in the transfer of property to Mr. Ekblad. The City's role in relation to the survey prepared for a building permit is limited to reviewing certain items of information from the survey in order to issue an appropriate permit. The survey was not done on behalf of the City of Eagan, nor was it prepared for the City of Eagan. IInder the Uniform Building Code a municipality may raquire a survey of the lot to verify that the structure is located in accordance with the approved construction plans. The City of Eagan's Code of Ordinances provides that a Certificate of Survey is required wherein land is to be occupied by a structure. The City's purpose is to verify the setback distance of structures from surrounding lot lines. Ultimately if the structure is not located as represented by the survey, the City bears no responsibility for that error, but rather the building permittee would be in violation of the permit. Again, we recognize that it is unfortunate that these problems have developed to such an extent that they hinder proposal, but we hope you recognize that this is be resolved between the Ekblads and your parents. the City does not have any power or control over thoroughly wish you well in your attempts to put you. Cordially, SEVERSON, WILCOX & SHELDON, P.A. your parents plat i private matter to Until that occurs, this matter. We do this matter behind Michael G. Dougherty MGD/wkt cc: Tom Hedgea, City Administrator Peggy A. Reichert, Community Development Director 14OIVIOUAL ATTOXNEYS ALSO LICENSEO !N IOH'A. WISCONSIN OR NEBRASXA 'CERTIFIED RE.4L PROPEFTY lAW SPECIALIST. MSBA STATE OF MINNESOTA HUBERT H. HUMPHREY III ATIORIVBY GEfYHIAL OFFICE OF THE ATI'ORNEY GENERAL October 31, 1994 Larry Poppler 3030 Poppler Drive Eagan, MN 55121 Re: Wayne Cordes, L.S. Dear Mr. Poppier: GOVFRN?YTSEAVICFS SF.CTION $SS PARK SIAEtT SUff8500 5T. PAUL. NN 55 t034106 'fELEPFIONE? (612) 297-2M0 Thank you for your letter of October 27, 1994, in connection with the above-referenced matter. The Boazd is in the process of taking action to enforce the Stipulation and Consent Order signed by Mr. Cordes and approved by the Board. However, Minnesota law, specifically the Administrative Procedures Act, Chapter 14, requires that certain steps be followed before imposing disciplinary action. I will advise you of what action the Complaint Committee will take when it is prepared to do so. Very truly yours, ?0_? - Vx R?._ LOUIS HOFFMAN Assistant Attorney General (612) 297-5935 LH:vpd:ke9 cc: Pamela K. Smith Executive Secretary Facsimile: (612) 297-2576 • 7DD: (612) 282-2525 • 1b11 Free Line: (800) 657-3787 (CDD or wice) An Equal Opportunity Employer Who Valucs Diversity C.? Printed on 50% recycled paper (I S% post consumer content) 12-7-9d I,arry Poppler 3030 Poppler I}r Eagan, Mn. 55121 John Hohenstein Community Development C.IlY at Eab3T1 / l Dear Mr. Hohenstein Zhe purpose of this letter is to infoim yau of the problems and damages caused by a land snrvey completed by Vl'ayne Cordes of Sigma Land Survey,, Nir. Wayne Cordes signed a sripulation and consent order to rectify a spurious survey of a homa Iot sold to iv1 r. «vlichaal Ekblad and Mary Jelinek. Members of the State Boarc3 of Architecture & Land Sun,ey and an assistant to the Attornev General of Mirulesota wimessed Cordes' s bmung of the stipulation and consent order. I have enclosed a copy ot'the stipulation and cansent order as well as copies of various state agency follow-up lettsrs inciicating that the consent order WILL $E enforced. It is now late December, 1994 and the requirements of thz stipul3tion and consent order have not been fulfilled. The Ciry of Eagan hati taken a position of "innocent bystander" in witnessing an obvious «.rongdoing by a licensed surveyor doing business within its jurisdiction (refer to enclosed ietter dated April, 1994). I would like to remind the City of the following facts: Chiginal inteinal monumentation was removed after the property's sale; the absence of such monumentation was then presented as part of a faLse arid deceptive claim to additional land which the Cordes survey included. ? 2. Due to the nature of these action, h4r. Lawrence G. Poppler has lost the time value ofmoney accruing from an adjacent lot which he could not sell for over the pa,t three years because of a variety of dilatory maneuvers by the Ekb1a.G,/ J?Lnek 's lax;vP.* and M*. Cordes to keep thz boundary between the tvvo lots in :lispute. At this point, I seriously question the city's wisdom in claiming a neutral position in the matter. As a rnatter of record and as stated in the past, the City supen•ised and continues to maintain the utilities within the platted road surrrey done for Lawrence G. Poppter by McLagan 8i Son surveyors many years ago. How can the City of Eagan officially NOT RECOGNIZE the boundaries within which these urilities exist? I request that the City of Eagan seriously examine this issue and reconsider its opinion. Moreover, I suggest that the Ciry of Eagan not only carefully scrutinize future survey actions of Mr. Gordes but also examine the Mr. Cordes yurvey actions in the City for the past ten years. Our experi ence in tltis matter is that clear and undue hardship and stress have becn inflicted on Mr. and Mrs. Lawrence G. Poppler. Because of the ctil:3tory aciministrative and legat action of the past three year, my parents har•e not been able to settle their estate! Sittcerely yours, Larty Poppler cc: Louis Hoffman assisiartt attorney general Pam Smith execuiive secretary state architecture and land sun•ey Owen Sorenson attorney 4-14-94 Mr. Michael Dougherty 600 Midway National Bank 7300 West 147th St. Apple Valley, Mn. 55124-3136 RE: Sigma land survey issue Dear Mr. Dougherty, I received your letter dated Ap. 11, 1994. I would have to interprete your response for the City of Eagan [unless I hear otherwise] is that: Even though the monuments, electric boxes and fire hydrants [up and down the street done by, ar supervised by the City of Eagan] match the intent of the county survey map done by the aounty surveyor in 1979, the City of Eagan is an "innocent bystander". I'm sorry but its hard for me to comprehend that position. Sinccerely, Larry Poppler CC Tom Hedges, city administrator ' city oF eiagan 4i THOMAS EGAN May 10, 1995 MOya PATRICIAqWpDA SHAWN HUNTER SANDRA A. MASIN Michael Ekblad THEODORE WACHTER . GounctlMemtas 3070 PopplerLane Eagan, Minnesota 55121 moMas HeecEs cIrvAU+wwiwa E. J. VAN OVERBEKE Clty Cleik RE: Code Yolation at 3070 Poppler Lane Mr. Ekblad: The City of Eagan continually monitors heaith, safety, and aesthetic standards by monitoring lantl use requirements set by City Code. Section 14.20, Subd. S. A. does not aUow outdoor storage of commeraal trailers, building materials, or equipment in residential districts. The commercial Vailer and any buiiding materials and equipment focated on yaur property must be removed within ten (10) days oi the date of this letter. Also, if work is to commence on the garage, a new building permit will be requlred since the project has been inactive for more than six months. Contact the Building Inspections Division to obtain the permit If you have any further questions regarding this matter, please call me at 681-4685. Thank you for your cooperation. ??e,y, , Mike Ridley Planning Division poppler.307 MUnICIPAL GENTER 3830 PIIOf KNOB 110A0 EAGAN. MINNESOfA 55I22-I897 YHONE: (614) 681,46M FA%:(012) 681•461P (00: (017) 45"535 THE IONE OAK TREE THE SYMBOL OF STREN6TM AND GROWTH IN OUR COMMUNIfY Equ01 OppoituNty/AIIVTOIIVe AGtbn Empbyer MAINTENANCF FACIUIY 3501 COACHMAN POWI EAGAN.MWNFSOTA 55172 PNONE: (612) OB I -4700 fA%:(01$)OBI-4MU IDD: (012) 454•8535 5-2-95 Doug Reid Licensing and Itspections City of Eagan ?"' ?'•' U 2 1995 RE: Expiration of building permit for separate garage for Mr. Mtichael K. Ekblad, The above person applied for a garage permit over 3 years ago. It has been at least 2 years since any work has beeu done W Snish mis stiuchtre. I have read the ordinace on this and peimits are issued for a 6 mondi period. Any renewal requires approval aztd pennit fees. . I am requestin8 t6at Your deparqnent take a serious look at tbis. Listed below are some of die neighborhood concerns. 1) Water runoff fi-om the proposed building and surounding parldng area on to the adjacent lot. ' 2) Commercial usage of the building. The owner already has a 3 car stall Sarage with a basement (equivalent to 6 stall space) 3) Ingess and egress of commercial earth moving velucles in a arca zoned resideatial. 4) Excessive storage of excavating equipment outside of separate garage. S) Over 200 dump tiuck loads of Sll wene brought in without any permit or inspections by the city. Any other project in the city would have required Pmib, WVecdons and a landscape plan. Also enclosed is some documentation aent in 1993 concerning the above issues. - I would hce W request a cease and disist of now y further pmgress oa this building. When a new permit is ' ood input should be involved with some restrictioris. Any other approach could have some serious problems regarding its usage aad purpose in the future. The permit was obtained on and for residential but has some potential applications for commerciat usage. development 6-7-95 City of Eagan Community Development Attn: Mike Ridley R ???o??? 0 9 1995 RE: Outdoor storage of commerciat trailers by Michael Fkblad I received a copy of your letter sent w Mr.Ekblad on May l Oth. For your records it is alruost one month and the commercial trailer is still in outdoor storage in a residential district. This person may come up with a grade school excuse that he didn't receive notice or that he is being picked on. However, the real heart of the matter is that he wants to set a precedent so that eventually the,azea will always allow ungaraged commercial trailers, building materials and equipment. Thank you for looking into this matter. v r1 T//t c- cc: Doug Reid Tom Hedges Tom Egan sJ ? ? ? city oF cagan THOMP:'EGAN Mayor June 30, 1995 LARRY POPPLER 3030 POPPLER DRIVE EAGAN MN 55121 AE: 3070 Poppler Drive Dear Larry: PATRICIA AWADA SHAWN Hl1NTER SANDRA A. MASIN THEODORE WACHTER Council Mambers THOMAS HEDGES City Adminisimtor E..l. VAN OVERBEKE Ctty Clark Thank you for taking the time to meet with me on May 23, 1995, regarding the above referenced matter. As we discussed, I have reviewed City records and spoken with appropriate staff relating to the issues raised in your letter ta Doug Reid dated May Z, 1995 (enclosed). I also met with Michael Ekblad regarding my letter to him dated May 10, 1995 (enclosed). The issues raised in your letter have been addressed as follows: Storm water run off/frll brought ro site. The building permit for 3070 Poppler Drive was reviewed by the City's Engineering and Protective Inspections Divisions in late May of 1991. Recently, an Engineering staff person again reviewed the suryey and made a site visit,. Among other things, issuing a building permit requires review and analysis by tne City Engineering Division of the proposed storm drainage pattem based on the existing and proposed elevations provided on the Certificate of Survey. The Engineering Division believes the home was built as proposed and that storm drainage is adequate. Fill brought to the site to develop the property as depicted on the Certificate of Survey submitted for the building permit does not require a sepazate permit. Commercial use ofnroaerrv/cammercial equrnment storage As we discussed, Lany, commercial operations and commercial equipment storage are not allowed uses in the R-1 Zoning District. I have discussed this issue with the Mr. Ekblad and he has assured me that the trailer stored on his property is for his personal use and that there will be no commercial operarions at this property (unless the business conforms with the City's Home Occuparion Ordinance or the City has issued a permit for work on the site). MUNICIPAL CENTER 3830 PILOT KNOB ROAD EAGAN, MINNESOiA 55122•1897 PHONE: (512) 681-4600 FAX: (612) 681-4612 iDD: (612) 454-8535 THE LONE OAK TREE MAINTENANCE FACILITY THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMl1NITY 3501 COACHMAN POINi EAGAN, MINNESOTA 55122 PHONE: (6I2) 681-4300 Equa1 Opportunity/AtFlrmative Actlon Employer FnX: (612) 681-4360 TDD: (612) 454-8535 Building permir The City has informed Mr. Ekblad that the building permit issued for the detached garage has to be renewed before any further work can commence on the garage (Mr. Ekblad renewed the building permit on June 26, 1995). As we discussed, Larry, at the building permit stage: of development, the applicant is required to meet specific performance standards (e.g. setbacks) in order for the City to issue the building permit. The City cannot deny a bwlding permit based on what the building mgy or may not be used for. What the City can do, and has done in this case, is to make sure the property owner is awaze of uses that aze permitted in a particular Zoning District. I believe this letter responds to all of your concerns, Larry. If you have any questions please contact me. Thank you again for your time. . I t/ Mike Ridley Planner cc: Tom Hedges, City Administrator Doug Reid, Chief Building Official 11 city oF eagan THOMASEGAN Mayor July 31, 1995 IARRY POPPLER 3030 POPPLER DR EAGAN, MN 55121 Dear Mr. PATRICIA AWADA SHAWN HUMER SANORA A. MASIN THEODORE WACHTER COUncil Members THOMAS HEDGES Ciry AtlmlMafrator E. J. VAN OVERBEKE Ctty Cierk Thank Irou for your letter of July 6 which raised concems about construction by Michael Ekblad and enforcement of the City code by our staff. Qn behalf of the City Council, I would like to say that we are sensitive to your concems and that we appreaate your documentation of them. Our review of the information suggests that while you have cunent and historic concerns about the use of Mr. Ekblad's property, we do not share your perceptions about the way in which the matter is being handled. Despite its size and the possibility that it could be used for other types of storage, the garage conforms with City code requirements for setbacks, height and so on. Your diligence did assist us in being certain that the permit was properly renewed and that certain conditions of the property were reviewed at the same time. Because these reviews indicated that the consfruction did conform with the City code and did not require further land use or subdivision approvals, it was not subject to notice requirements for properties in the neighborhood. Whi(e it is regrettable that certain things were occurrfng simultaneously and that you were not aware of all of them, we do not believe that the actions of the staff were intended to purposely mislead you or to treat Mr. Ekblad inappropriately. With respect to your comments about our staff person leaving the meeting of July 3, we have discussed this matter with both Mr. Ridley and Mr. Bruestle. They indicated fhat when you and Mr. Bruestle left the room to review some building permit matters, Mr. Ridley did not go with you because the remaining questions concemed Mr. Bruestle. If you had additional. questions for Mr. Ridley, you are certainly free to bring them up with him, but it does not appear that he did anything unprofessional in permitting Mr. Bruestle to respond to the remainder of your questions. Based on the substantial amount of time and correspondence provided by our staft regarding this matter, we do not consider it an indication of any systematic failure by the City, its Community Development Department or staff. MUNICIPAL CENTER 3830 PILOT.KNOB ROAD EAGAN, MINNESOTA 55172-1697 PHONE: (612) 681-4600 FAX: (612) 681-4612 iDD:(612)454-8535 7HE LONE OAl( TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITV Equa1 Opportunity/Aflirmative Actlon Employer MAINTENANCE FACIIiTY 3501 COACHMAN POINi EAGAN, MINNESOiA 55122 PHONE: (612) 6874300 FlUC: (612) 661-4360 TDD:(612)454-8535 LARRY POPPLER JULY 31, 1995 PAGE TWO If Mr. Ekblad uses the garage as he has indicated, it is not in violation of the City code. If, however, you observe and report commercial activity on the site in such a way as to permit our staff to investigate it as it is happening, 1 assure you that we will take appropriate action to prevent the use. There is nothing in the code, however, to limit a properfy owner's right to construct a conforming building on their property. We also understand that your dispute with Mr. Ekblad goes back a number of years and concems a number of issues. Our staff has always attempted to provide you with the information and support that you need, but we have also made dear that your concems are in large part a private matter between you and your neighbor. I know that you have taken steps to resolve these private matters in the past and we hope that they can be resolved to your satisfaction. Again, thank you very much for sharing this issue with the Council. / om Egan Mayor cc: City Council Community Development Director Reichert Senior Planner Rid{ey TAE/vmd SIGMA Lot Cartificata for: iURVEYINGSERVICESINC. ?. ?CHIIBL 6LBLbD ano vwr Kr,oe aooa Ecpcn• Mmesola 55722 (e12)as2-3077 Eaqan, MN IPOPPL?,R1 Ns9•?+?'?a"E. I$I a•`'" T? 1.- I15.11 Tu ° ba" r-a.'34"r.v. ANQ= r,+58° eq41 I ? G ! • ?yq'? w?p ! N ? ` I?i ,p ? 10? V? ?i;b?_? d.d? T P Hub E1W= BS9.7 I I Y /? .(/ ( ?9 ?'pi L G Y10 y 39.0 VD.O/ . , ?/ f Tloust? ?5? 1 Md! f7ts ' r. "' PQrFio? Tor He?° Gtv.s . •' " 32.0 ? . . . ? CX?Io .t 5 e ? o O 0 P.a?. « e4' p O • ss.o 21.e 31.0 x89z v ?? .V Se.o.la: 1' • 60 ? ''by ? • t ? ? IW . f'?o-r XZ ?` 1-?%: . ..J \] ?O ?_ j ti ? r ? H. ? •? r9a? s.«. P. p. • ?. ,`'?;-?:,.y',. ;? ? ? ` ? pp.? o.. Propa?ty Una TYP.? ' ;"i EAi :? ? 'v„ I / ? }- :t ? N h? • ?? ? ' . ? O . 0 I ? (H•w, ?Ets,,.. LAIe- . ?y N.y El?. , 8tya? 6 -0 LY ? T3 J _...... ? _ - -- . ?,- ?:?? ?}d yqI?i DEPm j ?. ' city oF eagen THOMASEGAN May 10, 1995 MaYa PATflICIA AWAOA SHAWN HUNiER , SANORA A. MASIN MICt18@I EICbIdd THEOOORE WACNTER 3070 Poppler Lane Counatl 1Aemtws Eagan, Minnesota 55121 THOMAS HEDGES c;wAOM.,,,,,,,,, E. J. VpN OVERBEKE Gty Clalt RE: Code volaUon at 3070 Poppler Lane Mr. Ekblad: The City oi Eagan continuaily monitars health, safety, and aesthetic standards by monitoring IanQ use requirements set by City Code. SecGon 11.20, Subd. 5. A. does not allow outdoor storage of commercial trailers, buiitling materials, or equipment in residential districls. The commercial trailer and any buildtng materials and equipment located on your property must be removed within ten (10) days of the date of this letter. Alsa, if work is to commence on the garage, a new building permit will he required since the project has been inactive tor more than six months. Contact the Buitd(ng Inspeetions Division to obtain the permiC If you have any further questions regarding this matter, please calt me at 681-4685. Thank you for your cooperation. / 'e1Y? '` • 'h ?u. Mfke Ridley Planning Division poppler.307 ?µ bCnICR 3eao Pnot KHOe nowo THE LONE OAK TREE MAINTENANCE FACILITY EAGAN. MWNESOfA 35172.I897 THE SYMBOL OF STpENGTH ANO GROWTH IN OUR COMMUNI(Y 3501 COACNwAN POWr YMONE:(012)081•4000 FA6AN,MINNESOU 55122 Fax: (e12) 601.4612 Equcl OPPOitunlty/Afldmatlve Acibn Empbyer PXONE: (014) 081•4700 IDD: (012) 454•8515 iNL' (01p) 0tl1•4]00 IDO: (612) 454.US75 5-2-95 Doug Reid Licensing and Inspections City of Eagan ?• A'! 0 2 1995 RE: Expiration of building permit for separate garage for Mr. Mlichael K. Ekblad. The above person applied for a garage permit over 3 years ago. It has beeu at least 2 yeazs since aay work has been done to. Snish this strucinre. I have read the ordinace oa this and permits are issued for a 6 month period. Any reaewal requires approval and permit fees. . I am roquesdng t6ai youn department take a serious look at this. Listed below are some of the aeighborhood concerns. _ 1) Water runoff from dte proposed building and surounding ParianB am on to the adjacent tot. ' 2) Commercial usage of the building. The owner alrtady has a 3 car stall Sarage with a basement. (equivalent to 6 stall sPace) 3) Ingress and esrem of commerciat earth moving vehicles in a azea zoned residentiai. 4) Excessive storage of excavating equipmeat outside of separabe garage. 5) Qver 200 dump ttuck loads of fill were brought in without any permit or inspecrions by the city . Any other project in the cily would have required Permits, inspections and a landscape plaa. Also enclosed is some documentation sent in 1993 concerning the above issues. - I would 1ike to request a cease and disist of now y futther progiess on this building. When a new pennit is ' ood input shoutd be involved with some restcictions. Any other approach could bave some serious problems regardin$ its usage aud purpose in the future. Thc permit was obtained on and for residentiat but has some potential applications for commercial usage. development x Post-it• Fax Note 7671 Date , x ot ?TO ie ?c ? ?Oages? ? Larry Poppter 3030 Poppler Eagan, Mn. 55121 5-28-96 Mayor Thomas Eagan City of Eagan Eagaq MN. Dear Mayor, Within the last year the City of Eagan has taken some positive steps to improve pub(ic communication and to listen to citizens' concerns. Even with posirive changes underway, I still find it necessary to draft this letter outlining serious inconsistencies and unfair applications of city zoning rules and taws favoring Mr. M'ichael Ekbiad over the interest of Mr. Lawrence G. Poppler and other neighboring property owners. In previous conespondence I informed you about W. Ekblad's non-confortning garage in a residential area. This correspondence underlines our serious concem for action given evidence of the City of Eagan's preferentiai treatment of Mr. Ekblad's commercial activiries which devalue the property imerests of present and future property owners in this residential area. We funily feel thaY a very strong case can be made demonstrating blatant disregard in the City's obligarion to "ase due caze" in the enforcement of zoning rules and laws. We feel that this lack of due care can be interpreted as a"willful negligence of duty" which has resuited in an unususl eCOnomiC benefit for one citizen (Mr. Ekbiad) at the expense of another ciiizen (Mr. Lawrence G. Poppler). The following facts and circumstances are all demonstrable. a. According to Eagan building codes, detached buildings, such as a garage, should not be of a height higher than the primary residence (i.e., the house). The enclosed picture is one of many that we retain which show that the garage is higher than the house. Use the I,eMay Lake apartmerns as your poim of reference, or come and visually inspect this situarion yourself b. There can be only one primary building on a residential lot according to the Uniform Building Code. The garage is more than a story high with 16 foot sidewalls (before the lowest poim of the roof eaves) with essentially a basic floor plan, the dimension of which is 990 square feet. The sheer size of the square footage competes in slze and appearan6e with W. Ekblad's house and with neighboring houses (present and future). The 12 to 14 foot tall garage doors more than suggest that Mr. Ekblad has commercial industrial vehicles and equipment to store. Much evidence indicates that this industrial sized gazage functions as something more than "storage" unit. Basic property assessments have to evaluate locations meeting ceRain functionality tests. This industrial sized guage is being used for Mr. Ekbiad's contracting end excavating business. As this garage functions for that purpose, how Can a person escape the conclusion that the structure creates a second primary structure on a residential lot? Examine enciosed photos c. This industrial sized garage was approved by City inspectors wheh a survey determination was still being reviewed by the City of Eagan. Normally, a building permit would not be issued or re-issued until that kind of determination was finalized. Buildings have certain setback requirements. However, Eagan's Community Development with Mr. Michael Ridley's approval, allowed the pemvt to be renewed despite a pending survey determination. On this issue, one has to question not only whether the City of Eagan acted with "due care" but also whether "willful negligence" was operating. How does one explain the favorable treatment given Mr. Ekblad in light of the fact that the City of Eagan would not issue the adjoining property (lots owned by Mr. Lawrence G. Poppler) a plat for over a period of six years? We also claim that the renewal while the boundary dispute was pending led to a favorable treatment for Mr. Ekblad that he would have not otherwi8e obtained had the normal procedures for building approval been followed. d. The City of Eagan held a series of infomtaEional meetings ostensibly for the public. At one of those meetings, I questioned Mr. Doug Reid (chief building inspector) on the height issue of Mr. Ekblad's garage. Mr. Reid merely cut the topic short by insisting that Community Development approved the garage and that "it wasn't his department's fault". A question I now raise is "why does the ciry pay inspectors when they don't bother to use the measuring devices at their disposa! to enforce the rules?" To elaborate, the city inspectors have failed to enforce the dump truck/heavy equipment protubitions in the case of Mr. Ekblad's other residential property at 2860 Pilot Knob Rd. Moreover, Mr. Ekblad has been allowed to extend a garage ignoring the residential setback requ'vements at the 2860 Pilot Knob location. This residenrial location has been made into an excavating business also. At that same location, this spring, he has placed class 5 gravel and graded it on V'ilas Lane. to repair damage done by his vehicles and equipment. These trivialized appGcations of the zoning and building ordinances in the favor of Mr. Ekblad aze documented and easily demonstrable. I am concemed that my father, Lawrence G. Poppler, and his family have been unduly harmed by lack of due care and willful negligence on the part of the City of Eagan. We. are interested in some answers and proper embers, City Adminiscrator, Dakota Counry Treasurer Mr. Thomas Novak Mayor Thomas Eagan City of Eagan Eagan, MN. Lazry Poppler 3030 Poppler Eagan, Mn. 55121 5-28-96 Dear Mayor, Within the last year the City of Eagan has taken some positive steps to improve public communication and to listen to citizens' concems. Even with positive changes underway, ? i still find it necessary to draft this letter outlining serious inconsistencies and unfair applications of city zoning rules and laws favoriag Mr. Ivlichael Ekbiad over ihe interest of ? Lawrence G. Poppter and other neighboring property owners. / ?. ? , In previous correspondence I informed you about Mr. Ekblad's non-conforming garage in a residential area. This correspondence underlines our serious concem for action given evidence of the City of Eagan's preferential treatment of Mr. Ekblad's commercial activities which devalue the property interests of present and future property owners in this residentiai area. We firnily feel that a very strong case can be made demonstraiing blatant disregard in the City's obligation to "use due care" in the enforcement of wning niles and laws. We feel that this lack of due care can be interpreted as a"willful negligence of duty" which has resulted in an unusaal econonfic beneflt for one citizen (Mr. Ekblad) at the expense of another citiaen (Mr. Lawrence G. Poppler). The following facts and circumstances are all decnopstrable. C? a. According to Eagan building codes, detached buildings, such as a garage, should not be of a hei ht higher than the prim residence (i.e., the house). The enciosed picture is one of many that we retain w ch show that the garage is higher than the house. Use the LeMay Lake apartments as your point of reference, or come and visually inspect this situarion yourself. b. There can be only one orimarv building on a residentiai lot according to the Uniform ?- Buildi ode. The garage is more than a story high with 16 foot sidewalls (?beforet e lowest poirn of the roof eaves) with essentialty a basic floor plan, the dimension of which is 990 square feet. The sheer size ofthe squaze footage competes in size and ? appearance with W. Ekblad's house and with neighboring houses (present and future). T e?TZ to l47oot tall gazage doors more than suggest that Mr. Ekblad has commercial industna v?l ei"ic eT"a'ad-equipment to store. -??- a Much evidence indicates that this industrial sized garage functions as something more than "storage" unit. Basic property assessments have to evaluate locations meeting certain functionality tests. This in?Pd ¢ara¢e is being used for Mr. Ekbtad's contracting and excavating business. As this garage functions for that purpose, how Can a psrson escape the conclusion that the structure creat^ es a geCnnd ...i.nary structure on a residential !ot? Examine enclosed photos. c. This industrial sized garage was approved by city inspectors when a survey dslermination was still being reviewed bv the C,tv oaQan. -- Nocmally, a building permit would not be issued or re-issued until that kind of r ; ty „f"ses fQ determination was finalized. ?uildin s have certain setback requirements. However, Eagan's Communiry Developmeni with Mr. . c ae ''diey's appraval, alVowed the permit to be renewed despitea pendin surve deternunation. On this issue, on-e has to question not only whether the City of Eagan acted wil ue caze" but also whether "wil? lful negligence" was operating. How does one explain the favorable treatment given Mr. in light of the fact that the City of Eagan would not issue the adjoining property (lots owned by Mr. Lawrence G. Poppler) a plat for over a peciod of six yeazs? We a}so claim that _ dispute was pending led to a favorable treatment for Mr. Ekbiad that he would have not otherwlse obtafned had the normal proce s.for building approval been followed. d. The City of Eagan held a series of informational meetings ostensibly for the public. At one of those meetings, I questioned Mr. Doug Reid (chief building inspector) on the height issue of Mr. Ekblad's garage. Mr. Reid merely cut the topic short by insisting that Community Development approved the garage and that "it wasn't his depardnenYs fault". A question I now raise is "why dces the ciry pay inspectors when they don't bother to use the measuring devices at their disposal to enforce the niles?" To elaborate, the city inspeciors have failed to enforce the dump truck/heavy equipment proht'bitions in the ca-ke of W. Ekbind's other residential property at 28 Pilot Knob d? Moreover, Mr. Ekbiad? has been allowed to @xtend a aaraue is?norin? the residential setback re uirements at the 2860 Pilot Knob locarion. This residential locatioa has been m e into an accavating ?-business also. At that same location, this spring, he has placed class 5 gravel and graded it f??J ? on Vifas Lane. to repair damage done by his vehicles and equipment 7_ S These trivialized agptications of the zoning and building ordinances in the favor of Mr. Ekblad are documented and easily demonstrable. I am concerned that my father, Lawrence G. Poppfer, and his family have been unduly harmed by lack of due care and willful negligence on the part of the City of Eagan. VJeare interested in some answers and proper _ embers, Ciry Administrator, Dakota County Treasurer Mr. Thomas Novak / ,1.4 n ? . ? ? . ??n'O?G t?lJ,fQf /? (???/// D v?' "`_ ?Oi (.. ??':l r37 i T ?.% •-?r' ? l ? A l6 n. ?' ?.c? ! •?%? ?7'?"?-?""'L- . , - ' ,O.Ij z t .v r llb ,,? r! ?v =T e u 4 t ?o?, a w y ?? //c ? ?Q ?-o ?? ;? • c? e,r ?? ? ? ' e ?, iyr i T ?''JQ'0? C ?? ?l ??' ? S? `??? ? ?l P t GC c.d ! C ! / ? U /t I? ? ?'` ?`\. -??•? r ? ,- p r 70 P `' ?- • ?t i? t 4 ', ..? ? d???? ?-?l? ?i????? r7-'.oT JA ? qPD?°°"Q' /" • 77( J-v? ?UL erl ? L e r 'o' K 4'17 iZc .4 elk , `'/L`f ? .t C?rr?•+?. i?' s?wn rc? _d,4 f o s/t C, G? ? f j%I c c r I?,. ? N D i tC- '?' ? wt7f i re 4 , ? 61)1119 1 r. 7tiv r.f ?,)i? 7 f? F.v i T"? i G,r? ? n "?j - o ??2 ? ?C ?? rG? ? ? ? 'l. ?'1 ?-.. t !fi i.'v? v. /'r f,- f C V /?/ p ' ?-- a.c ! ?L" rZe ? S ?rtP??,J?,?rr'rC.?•??? `? w?'Y -??' ? t ?1 hl'`c_._ ?-- -r??. AQ ??1 v ? cGl iV.4 ,• veq o(_. '7LOiL ?6n.? ?? .. . . 4 C u A?oa?-ry w? 7Z\ C euc,., ?' S A t ? .v ??W ? ? 4"-0 ,a 'f ? y lt? S ? ? ?? c C ,?? ,,,P ? 5e- . ? ? P ? ?, ?? ?'T rti?J ?.t' C .? ?f ??' ? 0?f,? G i1/a ? r ? ??yy`? TDU ?i /-et d?????? ??-0 70??? i'?P?' ? ?p????t 4 ?,.ti ?6 ? ,?_ h ?j,?., ?r ,o ?" q ? A P p ?k r ? A 0?` (,U( '? rv? h ? ?? ? .• Je i4c ,?r ?? ? ,??/c ? s /? ? ?? 1 ? ` fj .? ?CYLt /4 ?l ( ?` (/ 0 i ?.) I ? a/CJ ? ! ? i f ,v ;t? l ? ?G ? •r"? %`' ??' ? ?? ?1 f??? t C o!< < c ? n? , i /t r- .0/4"; c ? e r I r? eti C - x i , cl'G?-?J%%lc.. c r??-ti? NDit? , re •\ ? 1-2 ?W7'f r 1 t ??fl r .1 77(j ? F;o /17? - tio c 1' S_".'Ll':. C? _. .:{I.? ?_ : i."•i.:: / :. D ? ?!L- et.?' r t. Gt c-. t le O'l c V i?i rt ? .A- Pe,4 livI / v` ? c..- oi11y -?c ? ? w ?e 4 wx J 4r-- , Cl?e ck r'°? ;,e -- ¢P e_ `'v ??/? ?fi r'??.2 7-ZN beC???L- , p , ? F,?r! ?. ? ??? ? ? ( r..??' C??1•0 /? ?y ?- ?PI Q?- e Wi r,L ?? (-ek ? ?-? ?-- ? ¢Ac ?` ll?v f~ 7„ j q dev ?n?p/1 UJG? ?r ti•. 11 coF ecgan THOMP:' EGAN Mayor June 30, 1995 LARRY POPPLER 3030 POPPLER DRIVE EAGAN MN 55121 RE: 3070 Poppler Drive Deaz Larry: PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Councll Members THOMAS HEDGES Ctry Adminlsfrator E. J. VAN OVERBEKE cIN Cterk Thank you for taking the rime to meet with me on May 23, 1995, regarding the above referenced matter. As we discussed, I have reviewed City records and spokea with appropriate staff relating to the issues raised in your letter to Doug Reid dated May 2, 1995 (enclosed). I also meY with Michael Ekblad regarding my letter to him dated May 10, 1995 (enclosed). The issues raised in your leYter have been addressed as follows: Storm water run offlfrll brought to site. The building pertnit for 3070 Poppler Drive was reviewed by the City's Engineering and Protecrive Inspections Divisions in late May of 1991. Recently, an Engineering staff person again reviewed the survey and made a site visst. Among other things, issuing a building permit requires review and analysis by the City Engineering Division of the proposed storm drainage pattern based on the existing and proposed elevations provided on the Certificate of Survey. The Engineering Division believes the home was built as propased and that storm drainage is adequate. Fill brought to the site to develop the property as depicted on the Certificate of Survey submitted for the building permit does not require a sepazate permii Commercial use o,[propertv/commercial equinment storage As we discussed, Larry, commercial operarions and commercial equipment storage are not allowed uses in the R-1 Zoning District. I have discussed this issue with the Mr. Ekblad and he has assured me that the uailer stored on his property is for his personal use and that there will be no commercial operarions at this propeny (unless the business conforms with the City's Home Occuparion Ordinance or the City has issued a permit for work on the site). MUNIGIPAL CENTER MAINTENANCE FAqLITY 3830 PILOT KNOB ROAO THE LONE OAK TREE 3501 COACHMAN 701Ni EnGnN. MINNESOta 55122•I097 THE SYMBOL OF STRENGTH ANO GROWTH IN OUR COMMUNITY EAGAN, MINNESOTA 55122 PHONE: (612) 681-4600 PHONE: (612) 6B1-4300 FAX: (6)2) ee1-4612 Equal Opportuniry/Afllrmative Actlon Employer FAX; (612) 661-4360 iDD:(612)454-8535 iDO:(012) 0.54•8535 R t Buildingpermit The City has informed Mr. Ekblad that the building permit issued for the detached garage has to be renewed before any further work can commence on the garage (Mr. Ekblad renewed the building permit on June 26, 1995). As we discussed, Larry, at the building permit stage of development, the applicant is required to meet specific performance standards (e.g. setbacks) in order for the City to issue the building permit. T'he City cannot deny a building permit based on what the building mav or may not be used for. What the City can do, and has done in this case, is to make sure the property owner is awaze of uses that are permitted in a particular Zoning District. I believe this letter responds to all of your concerns, Latry. If you have any questions please contact me. Thank you again for your time. ier cc: Tom Aedges, City Administrator : ° Aal' 401`IcitVoFaagan THOMAS EGAN Mayor PATRICIA AWADA SHAWN HUNTER July 31, 1995 SANDRA A. MASIN iHEODORE WACHTER Council Members LARRY POPPLER THOMAS HEDGES CIN Adminiatrotor 3030 POPPLER DRIVE EAGAN? MN 55121 , A A? E. J. VAN OVERBEKE Clty Cierk . Dear Mr. Thank fou for your letter of July 6 which raised concems about construction by Michael Ekblad and enforcement of the City code by our staff. On behalf of the City Council, 1 would like to say that we are sensitive to your concems and that we appreciate your documentation of them. Our review of the information suggests that while you have cuRent and historic concerns about the use of Mr. Ekblad's property, we do not share your perceptions about the way in which the matter is being handled. Despite its size and the possibility that it could be used for other types of storage, the garage conforms with City code requirements for setbacks, height and so on. Your diiigence did assist us in being certain that the permit was properly renewed and that certain conditions of the property were reviewed at the same time. Because these reviews indicated that the construction did conform with the City code and did not require further land use or subdivision approvals, it was not subject to notice requirements for properties in the neighborhood. While it is regrettable that certain things were occurring simultaneously.and that you were not aware of ali of them, we do not believe that the actions of the staff were intended to purposely misiead you or to treat Mr. Ekblad inappropriately. With respect to your comments about our staff person leaving the meeting of July 3, we have discussed this matter with both Mr. Ridtey 6nd Mr. Bruestle. They indicated that when you and Mr. BruesUe left the room to review some building permit matters, Mr. Ridley did not go with you because the remaining questions concemed Mr. Bruestle. If you had additional questions for Mr. Ridley, you are certainly free to bring them up with him, but it does not appear that he did anything unprofessional in permitting Mr. BruesUe to respond to the remainder of your questions. Based on the substantial amount of time and coRespondence provided by our staff regarding this matter, we do not consider it an indication of any systematic failure by the City, its Community Development Department or staff. MUNIqPAL CENTER 3830 PIIOT KNOB ROAD EAGAN, MINNESOiA 55122-1897 PHONE: (612) 6814600 FAX: (612) 681-4612 TDO: (612) 454•8535 iHE LONE OAK TREE THE SYMBOI OF STRENGTH AND GROWTH IN OUR COMMUNRY Equal Opportunlty/AttlrmaNve Action Employer MAINTENANCE FACILRY 3501 COACNMAN POINT EAGAN. MINNESOfA 55122 PMONE: (612) 6814300 FAX: (612) 681-4360 iDD: (612) 450-8535 LARRY POPPLER JULY 31, 1995 PAGE TWO if Mr. Ekblad uses the garage as he has indicated, it is not in violation of the City code. If, however, you observe and report commeraal aclivity on the site in such a way as to permit our staff to investigate it as it is happening, I assure you that we will take appropriate action to prevent the use. There is nothing in the code, however, to limit a property owners right to construct a conforming buiiding on their property. We also understand that your dispute with Mr. Ekblad goes back a number of years and concems a number of issues. Our staff has always attempted to provide you with the information and support that you need, but we have also made dear that your concems are in large part a private matter between you and your neighbor. I know that you have taken steps to resolve these private matters in the past and we hope that they can be resolved to your satisfaction. Again, thank you very much for sharing this issue with the Council. / om Egan Mayor cc: City Council Community Development Director Reichert Senior. Planner Ridley 1 TAE/vmd /"? P06a& 441ae 4):1 - city of eagan TO: DOUG REID, CHIEF BUILDING OFFICIAL FROM: DALE SCHOEPPNER, SENIOR? INSPECTOR DATE: JULY 22, 1996 SUBJECT: 3070 POPPLER LANE MEMO As you know, Larry Poppler has forwarded correspondence to Councilmember Awada inquiring on the following: 1) whether a building permft to build a garage at 3070 Poppler Lane has expired; and 2) if that garage is being used only as a residential garage. According to the Uniform Building Code, Section 106.4.4 a building permit is valid indefinitely as long as work is not abandoned for more than 180 days. The construction on this garage is slow, but is on-going, therefore the permit remains active. Mr. Ekblad cannot be forced to finish this project outside the parameters of the Building Code. When speaking with Mr. Ekblad, he advised me that the "brown coat" wili be applied to the stucco this fall. I spoke with Mike Ridley, Senior Planner, regarding the use of this garage for anything other than residential and he advised me that if, and when, commercial activity is noticed, zoning staff will investigate and act accordingly. The condition of this site has not changed since Tom Hedges' correspondence of June 21, 1996 to Larry Poppler. If you need further information, please let me know. ? ? ,-, Senior Inspector DSfjs 3070popp.ler 11 ' 1?dtV oF eagan THOMASEGAN )AOVOr June 21, 1996 MR LARRY POPPLER 3030 POPPLER LANE EAGAN MN 55121 L.s-....., Dear'b?ler: PATRICIA AWAOA SHAWN HUNTER SANDRA A. MASIN THEOOORE WACHTER Councd MemCers THOMAS HEDGc'S CiN Administratar E. J. VAN OVERBEKE City C:erK The Mayor forwarded your letter of May 28 to my office to prepare a response regarding the concerns you have with the property at 3070 Poppler Lane. I asked the Buiiding Inspections Division to perform an on-site inspection to address your issue with garage height. The peak of the garage appears to be at an elevation higher than the house when referenced from Poppler Lane; however, this is not the reference point that is to be used. Eagan City Code, Section 11.10, Subd. 5 states in part , "...... no accessory building shall exaeed the height of the principai building." City Code does not include a definition of "heighY'. The 1994 Unifiorm Building Code, as adopted in Section 4.01 of the Eagan City Code, defines height as follows: Height of buiiding is the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The handbook to the Uniform Buiiding Code states, "Where the building is stepped or terraced, the code intends that the height of such buiiding is the maximum height of anv seament of the building." According to field measurements, the height of the house is 28'6" and the garage is 28' high; therefore, the height of the garage is consistent with City Code requirements. MUNICIPAL CFNTER :870 PILOi KNOB ROAO E.1GAN.?AINNESOTA 55 1 22-1 89 7 PHONE: (612) 691-4600 fAX: (612) 081-4612 '00: (612) 454-3575 THE IONE OAK iREE THE SVMBOL Of STf7ENGiH AND GROWTH IN OUR COMMUNITY Equal Opportunity/Afflrmctlve Actlon EmGicyer MAINTENANCE FACfLITY 1501 COACHMAN POINI EAGAN. MINNESOIA 55122 P40NE: (612) 68I•400 Fd;(: (Cl^.) 681-4760 rDD(61:) 4--4-8535 Another concem raised in your letter was the timing of the issuance of the buiiding permit. Although there was a question regarding the property line, the buiiding permit was issued based on the fact that the required information was provided to the City by Mr. Ekblad and his licensed land surveyor. The setbacks on the survey and on site were verified to meet City standards. As such, the City had no legal basis for delaying or denying the permit or failing the inspections after the permit was issued. Your letter also mentioned that the City's residential setback requirements allowed Mr. Ekblad to extend a garage into said setbacics for properry located at 2860 Pilot Knob Road. The setback requirement was deviated from by a formal Variance granted by the Eagan City Councii at its regular meeting of November 15, 1983. As referenced in Mayor Egan's Juiy 31, 1995 letter to you and City stafPs recent on-site survey inspeotion, Mr. Ekblad's garage is in confoRnance with City Code. Larry, I understand your concem that the zoning laws appear to have been ignored; however, City staff has expended a substantiai amount of time over the last several years verifying that the zoning laws have been properiy compiied with and have also been very attentive to your concems. If you have other concems that have not besn addressed, fesl free to contact City staff. Sincerely, \ \ ? Thomas L. Hedges City Administrator TLHfjs R ?- Larry Poppler 3030 Poppler Eagan, Mn. 55121 5-28-9b Mayor Thomas Eagan City of Eagan Eagan, MN. Dear Mayor, Within the last year the City of Eagan has taken some positive steps to improve public communication and to listen to citizens' concems. Even with positive changes underway, I still find it necessary to draft this letter outlining serious inconsistencies and unfair applications of city zoning ruies and laws favoring Mr. Mchael Ekblad over the interest of Mr. Lawrence G. Poppler and other neighboring property owners. In previous correspondence I informed you about Mr. Ekblad's non-confornring garage in a residemial area. This conespondence underlines our serious concern for action given evidence of the City of Eagan's preferential treatment of Mr. Ekblad's commercial activities which devalue the properiy interests of presern and future property owners in this residential area. We firnily feel that a very strong case can be made demonsuating blatant disregard in the City's obligation to "use due caze" in the enforcement of wning rules and laws. We feel that this lack of due care can be interpreted as a"willful negligence of duty" which has resulted in an Ynususl economic beneflt for one citizen (Mr. Ekbiad) at the expense of another citizen (Mr. Lawrence G. Poppler). The following facts and circumstances are all demonstrable. a. According to Eagan building codes, detached buildings, such as a garage, should not be of a height higher than the primary residence (i.e., the house). The enctosed picture is one of many that we retain which show that the garage is higher than the house. Use the LeMay Lake apartments as your point of reference, or come and visually inspeci this situation yourself b. There can be only one primary building on a residential tot according to the Uniform Building Code. The garage is more than a story high w+th 16 foot sidewaiis (before the lowest point of the roof eaves) with essentially a basiC floor plan, the dimension of which is 990 square feet. The sheer size of the square footage competes in Size and appearanCe with Mr. Ekblad's house and with neighboring houses (present and future). The 12 to 14 foot tall garage doors more than suggest that Mr. Ekblad has commercial industrial vehicles and equipment to store. Much evidence indicates that this industrial sized garage functions as something more than "storage" unit. Basic propeRy assessments have to evaluate locations meeting certain functionality tests. This industrial sized garage is being used for Mr. Ekblad's contracting and excavating business. As this garage functions for that pwpose, how can a person escaps the conclusion that the structure creates a second prfmary structure on a residential lot? Examine enclosed photos c. This indusuisl sized garage was approved by clty inspectors when a survey determination was still being reviewed by the Ciry of Eagan. Normally, a building pemrit would not be issued or re-issued urnil that kind of determination was finalized. Buildings have certain setback requirea?ents. However, Eagan's Community Development with Mr. Michael Ridley's approval, allowed the petmit to be reirewed despite a pending survey determination. On this issue, one has to question not oniy whether the City of Eagaa acted with "due care" but also whether "willful negligence" was operating, How does one explain the favorable treatment given W. Ekblad in light of the fact that the City of Eagan would not issue the adjoining property (lots owned by Mr. Lawrence G. Poppler) a ptat for over a period of six years7 We also claim that the renewal while the boundary dispute was pending led to a favorable ueatment for Mr. Ekblad that he would have not otherwise obtafned had the normal procedures for building approval been followed. d. The City of Eagan held a series of informational meetings ostensibly for t6e public. At one of those meetings, I questioned Mr. Doug Reid (chief building inspertor) on the height issue of Mr. Ekblad's garage. Mr. Reid merely cut the topic short by insisting thaz Community Development approved the garage and that "it wasnet his department's fault". A question I now raise is "why dces the city pay inspectors when they donY bother to use the measuring devices at their disposal to enforce the rules?" To elaborate, the city inspectors have failed to enforce the dump truck/heavy equipment prohibitions in the case of Mr. Ekblad's other residential property at 2860 Pilot Knob Rd. Moreover, Mr. Ekblad has been allowed to extend a garage ignoring the residential setback requirements at the 2860 Pilot Knob iocation. This residential tocation has been made into an excavating business also. These trivialized applications of the zoning and building orditiances in the favor of Mr. Ekblad are documented and easily demonstrable. i am concerned that my father, Lawrence G. Poppler, and his family have been unduly harmed by lack of due care and willful negligence on the part of the City of Eagan. We are interested in some answers and proper remedies. 5incerely, Larry Poppler cc: Council Members, City Administrator, Dakota County Treasurer Mr. Thomas Novak #b?dtVoFaagan THOMAS EGAN MaYOr June 21, 1996 MR LARRY POPPLER 3030 POPPLER LANE EAGAN MN 55121 Lo.,_ Dear?ilT-RaR??er: PATRICIA AWADA SHAWN HUNTER SANDRA A. MASIN THEODORE WACHTER Councll Memben THOMAS HEDGES Ciry Administrotor E. J. VAN OVERBEKE City Clerk The Mayor forwarded your letter of May 28 to my office to prepare a response regarding the concerns you have with the property at 3070 Poppler Lane. I asked the Building Inspections Division to perform an on-site inspection to address your issue with garage height. The peak of the garage appears to be at an elevation higher than the house when referenced from Poppler Lane; however, this is not the reference point that is to be used. Eagan City Code, Section 11.10, Subd. 5 states in part , "...... no accessory building shall exceed the height of the principal building." City Code does not include a definition of "heighY". The 1994 Uniform Building Code, as adopted in Section 4.01 of the Eagan City Code, defines height as follows: Height of building is the verticai distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The handbook to the Uniform Building Code states, "Where the building is stepped or terraced, the code intends that the height of such building is the maximum heyht of anv seament of the buildina." According to field measurements, the height of the house is 28'6" and the garage is 28' high; therefore, the height of the garage is consistent with City Code requirements. MUNICIPAL GENTER 3830 PILOT KNOB ROAD EAGAN.MINNESOTA 55122-1997 PHONE: (612) 681 •4600 FAX (612) 681-4612 iDD:(612) 454-8535 THE LONE OAK TREE THE SYMBOL OF STRENGTH AND GROWTH IN OUR COMMUNITY Equal Opportunlty/Affirmative Acilon Employer MAINTENANCE PACILITY 3501 COACHMAN POINT EAGAN, MINNESOiA 55122 PHONE: (612) 68I-4300 FAX:(C12) 681-4360 iDD:(612) 454-8535 Another concem raised in your letter was the timing of the issuance of the building permit. Although there was a question regarding the property line, the building permit was issued based on the fact that the required information was provided to the City by Mr. Ekblad and his licensed land surveyor. The setbacks on the survey and on site were verified to meet City standards. As such, the City had no legal basis for delaying or denying the permit or failing the inspections after the permit was issued. Your letter also mentioned that the City's residential setback requirements allowed Mr. Ekblad to extend a garage into said setbacks for property located at 2860 Pilot Knob Road. The setback requirement was deviated from by a formal Variance granted by the Eagan City Council at its regular meeting of November 15, 1983. As referenced in Mayor Egan's July 31, 1995 letter to you and City stafPs recent on-site survey inspection, Mr. Ekblad's garage is in conformance with City Code. Larry, I understand your concem that the zoning laws appear to have been ignored; however, City staff has expended a substantial amount of time over the last several years verifying that the zoning laws have been properly complied with and have also been very attentive to your concerns. If you have other concerns that have not been addressed, feel free to contact City staff. Sincerely, \ \ d vy?__ Thomas L. Hedges City Administrator TLHls 4n q ^O? ? av ? m a,qn N ? ... ? m O fD G ^ ax y ry N a ? ra •G M ?? ati- ci^a r° G•m? a mZi y m E 7 m QN ? C r c-? ? n ? ?--r r ? M t h• ? Q .? ;. o' N h ? ? ? S ? `Z a ? o • y tQ \ ?. O J J? ? O ? 0 J ? h C ce A? J ; ?• Ch NZ . m . Q , Z1 p ` ?\ 4 A O? cN, ly b ? h a ? p 'O \ J ? J• ? w Description The e.ast line of OUTLOT.A, the south line of lot 5, and a portion of the southeasterly boundary of OUTLOT B, Poppler Homesteads, •according to the recorded plat thereof on file in the oi`ice of the County Recorder, Dakota County, Minnesota, and the south line or UuTi_ui t, GHUNiYUni.E LEMAY _AKE 1ST ADOITION, according to the recorded plat thereof on file in the office of the Registrar of Titles, Dakota County, Minnesota,. The east line of OUTLOT F. EAGANDAIE LEMAY LAKE 1ST AODITION is the same line as that liae monu- mented by Paul R. McLagan April 10,.1962 as the.east boundary of lot 6, Poppler Homesteads. This east line of said Lot 6 was erroneously located on the ground east of the land to which Lawrence Poppler had title. EAGAfVDALE LEMAY !AKE 15T ADDITION platted the erroneous portion of lot 6 as OUTtOT F. Subsequently, OUTLOT F was deeded to lawrence Poppler to give him fee tiCle to the lands in which he had a vested interest by virtue of his long standing occupation. a1 ? OUTL Q T A Q ( ? / DI y / m ( ( ,/ I r Ea f Cl?no o' lyest ,?3/. 94 Ff or ,r .va aa• 2p•E ?.:.? a u r_? o rFT_ t--,EA9/ L/NE OF LOT 6 ER?ONEOU9CY GlONUMENTEO / ? ?EACANDALE LElLfA Y EABT !/NE OF OUTCOF A ......ND°40' 41 "{y/ 4S8.Gi0......; ? WE4T L/NE Of pOPPLER HOME,S'TEAOS NO°60'G"W :•'' % . ?O.P/C/NAG PLAT /,pON ON WEST C/NE OF OUrLOY A ? w ? a I oUr[or B ' W. G/NE OF COTS /-S(NOl TO 9CALE}., A9 - Af01VU4IETE0 BY PAUC R. MC[AGAN /N 1962 r ? Y ....... 6S. P OoPL E??n ? ? • ? ? ° [ O T / 6? 1 ST W W s? ?m a `i a N >i?0 st?' o NE 114 0Jr '.H ?/4 Sec.N ? io.33 • APR/L^ /OTH 1962 (SEE NUY?) ?N 4a / W ? yO/m ESTL-r- 14 oS I ?a \? ?., ? ?C? i y ?a. , n? A i. ? r F•. . --?,.T. . oo?z?x? CAKE? ymo?,o? w:1? ?voz ? o._--mco 00 a -? -?Zin-0?N ?p za? -?m ?m ADD/T/ ON Q , r m F 'm 7 f1 ? ? Q 0 O ? ? y :. z x ? ,n O a ? t9 f;1 m H ? z ti d r ? C'? rv?,9l ? ? r a z d ? C C w O 1D N O e O Q N ? 0 ? ? N n ? ? 3 Cf S u ? 0 2 40 ? .. P-' ? ? a G ? » 0 N N o .? tr b c p 0 ' a ? ? ? rit N m ? ? ? , ? (3) A N CITY OF EAGAN 4 10, 17 2 ' ,A830 Pilot Knob Road, P.O. Box 21-199, Eagan, MN 55121 PHONE: 454-8100 BUILDING PERMIT Receipt # To be used for SF DWG/GA R. Est. Value $142,000 Date_ 19 1 Site Address X Lot 6 Block Parcel No. Name LKBLJW cUNZITRUCTIONO(,ci -ROB lh- Address 2860 PILOT KNOB RV City EAG" Phone 454-3113 St Name SAME b ?.3 -v'L yo us Address ? City Phone Name _ Address I hereby acknowlege that I have read information is correct and agree to c Minnesota Statutes and City of Eagan 1 Signature of Permitee is issued to: ° ndition that all work ition and state that the all applicable State of all appucaole State of Minnesota Statutes and City of Eagan Ordinances. Building Official OFFICE USE ONLY Occupancy R-3 s -1 FEES Zoning 1 1 (Actual) Const V'-8 Bldg. Permit 787.OID (Allowable) V-W 71.00 urcharge # of Stories f 7 511000 Length 2 Plan Review Depth SQ SAC, City 100.00 S.F. Total %n S.F. Footprints On Site Sewage Water Conn 640.00 On Site Well Water Meter 43.00 Z MWCC System 30 City Water X Acct. Deposit 0 .0 g PRV Required S/W Permit M _ 0.QQ Booster Pump S/W Surcharge . 50 Treatment PI 276.00 APPROVALS Road Unit 370.00 Planner Park Ded. Council Bldg. Off. Copies Variance TOTAL 3,590.50 Permit No. Permit Holder Date Tele0one S WATER 7 9 9t"`WER PLUMBING / 5 - S64 2 g 19 91 J00 H.V.A.C. p O ?S ?J/ Jr '0 7c ELECTAIG Inspection Date Insp. Comments Footings 1 ?1191 Gc Foundation Framing Roofing ' Rough Plbg. Rough Htg. fsul. Fireplace Final Htg. Orstat Test Final Plbg. `/ j? Plbg. Inspector - Notify Plumber Const. Meter Engr./Plan Bldg. Final Deck Ftg. Deck Final Well Pr. Disp. aertiftrotr of Mrrnpanrg citp of eagan This Certificate issued pursuant to the requirements of Section 306 of the Uniform Building y Code certifying that at the time J&, anc'e4iis structure was in compliance with the various ordinances of the City regulating building construction or use. For the following.' .S D0%R Btdg. P mit No. 19172 Use Clafflifintion Occupancy Type R3/ 41 Zouio6 Di5w R1 Type Corot. ;?CN Address 2860 MM M RM, FAGAN Budder d B 'W 1? 1?? +? B,.,mng.Aea? 3070 P'f?P?.FR TAl'1>u Lon>sty L6 10/16/41 / ? ,_ / Data POST IN A CONSPICUOUS PLACE r ???